Background information

Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients' rights in cross-border healthcare, commonly referred to as the Cross-Border Directive (CBD), was adopted to enhance the functioning of the internal market in healthcare services. It supports the fundamental EU principle of the free movement of services and helps to fulfill the EU’s obligation to ensure a high level of human health protection, as set out in Article 168 of the Treaty on the Functioning of the European Union (TFEU).

The scope of the Directive was extended to the European Economic Area (EEA) countries —Norway, Iceland and Liechtenstein — through its formal incorporation into the EEA acquis by Decision No. 153/2014 of the EEA Joint Committee. Consequently, these countries are required to apply the Directive on an equal footing with EU Member States.

In Poland the provisions of the cross-border directive have been in force since 15 November 2014 and were implemented through the Act of 27 August 2004 on healthcare services financed from public funds. According to this legislation and the accompanying ordinances of the Minister of Health, patients may be reimbursed for healthcare services received in another EU/EEA country, provided that such services are included in the Polish statutory health insurance scheme. For certain healthcare services specified in the ordinance of the Minister of Health, prior authorisation from the President of the National Health Fund (NFZ) is required.

Detailed information on the rules governing reimbursement and prior authorisation can be found under the sections Benefits provided under cross-border healthcare and Planned treatment requiring prior authorisation Additional guidance is also available from the Regional Branches of the National Health Fund.

The Cross-Border Directive does not replace the EU social security coordination system but functions as a complementary and alternative legal instrument. It is primarily applicable in a situation that is not covered by the coordination rules, i.e. planned treatment in private healthcare facilities.

For a detailed comparison of the rights and the mechanisms established under both legal frameworks, see Coordination and cross-border healthcare under the Directive.

More specific information on the rules applicable under social security coordination can be found on the website of the Polish liaison institution.

Under the Cross-Border Directive each EU/EEA member state is required to establish a National Contact Point (NCP).

In Poland, the Central Office of the National Health Fund serves as the National Contact Point for cross-border healthcare, while the e-Health Centre acts as the National Contact Point for cross-border e-prescriptions.

Contact information for National Contact Points in other EU/EEA member is available here.