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, and patients insured in these countries have the right to receive planned treatment in Poland under the Directive.

Provisions of the Directive allow insured EU/EEA patients to freely choose their place of treatment. This means that they can receive planned healthcare from public or private providers in Poland and then apply for reimbursement in their country of insurance, provided that the services are covered underthat country’s statutory health insurance scheme.

It should be noted that the patient must pay upfront for treatment in Poland and may then submit a claim for reimbursement to the insurance institution in their country. Reimbursement is made in accordance with the tariffs applicable in the country of insurance, not in the country of treatment.

Under the Cross-Border Directive, each EU/EEA Member State is required to establish a National Contact Point (NCP). Before arranging treatment in Poland, it is advisable to consult the NCP in your country of insurance for detailed information on procedures, possible prior authorisation requirements* and reimbursement rules.

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

ATTENTION!

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.

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

* Prior authorisation is a formal permission from the country of affiliation for the assumption of planned cross-border care costs. Generally, it is used for treatment that requires hospital accommodation for at least one night, or treatment that requires the use of highly specialized or cost-intensive medical infrastructure or equipment. Under the Directive, each Member State and interested country evaluates internally whether there is a need for a prior authorisation system, and if so, identifies which treatments and cares require prior authorisation when performed abroad.