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National Contact Point for cross-border healthcare

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Section 219 d of Book V of the Social Code - Establishment and Funding of the National Contact Point

(1) The tasks of the National Contact Point in accordance with 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 (OJ L 88 of 4 April 2011, p. 45) shall be carried out by the National Association of Statutory Health Insurance Funds, German Liaison Agency Health Insurance – International from 25 October 2013. In particular it shall provide information on the following

1. national healthcare providers, applicable quality and safety regulations, patients’ rights, including the means for their enforcement, as well as the accessibility of hospitals for persons with disabilities,

2. the rights and entitlements of the insured person relating to receiving cross-border healthcare in other Member States, and

3. minimum requirements regarding a prescription which can be recognised within cross-border treatment, and

4. contact points in other Member States.

The information in accordance with sentence 2 No. 2 shall distinguish clearly between the rights that insured parties may assert in accordance with section 13 subsections (4) and (5) in transposition of Directive 2011/24/EU, and the rights that insured parties may assert from Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166 of 30 April 2004, p. 1). The German Hospital Federation, the National Association of Statutory Health Insurance Physicians, the National Association of Statutory Health Insurance Dentists and the private health insurance companies shall provide to the National Contact Point the information which is necessary to carry out its tasks. Where it is necessary in order to carry out its tasks, the National Contact Point may only process and use personal data of the enquiring insured persons with their written consent and after informing them in advance.

(2) The National Association of Statutory Health Insurance Funds, the German Liaison Agency Health Insurance – International, and the organisations designated in subsection (1) sentence 3, shall agree in the form of a contract on the details on providing the information by the National Contact Point in accordance with subsection (1) sentence 2.

(3) The organisations designated in subsection (1) sentence 3 shall contribute to the costs necessary to fund the functioning of the National Contact Point. The details on funding, in particular also on the amount of the funds required every year, shall be agreed by the National Association of Statutory Health Insurance Funds, the German Liaison Agency Health Insurance – International, and the organisations designated in subsection (1) sentence 3 in the contract in accordance with subsection (2). Unless agreed otherwise, the private health insurance companies shall contribute 5 percent, the German Hospital Federation 20 percent, the National Association of Statutory Health Insurance Physicians 20 percent and the National Association of Statutory Health Insurance Dentists 10 percent, of the costs necessary to carry out the tasks.

(4) The information designated in subsection (1) sentence 2 must be easily accessible and, where necessary, must be made available by electronic means and in barrier-free formats.

(5) The National Contact Point shall work together with the National Contact Points of other Member States and with the European Commission in questions related to cross-border healthcare.

Footnote

The amendments to section 219d by Article 1 Number 73 serve to transpose Article 4 § 2 (a) and Article 5 (b) sentence 2 of 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 (OJ L 88 of 4 April 2011, p. 45) , as well as of Article 4 of Commission implementing directive 2012/52/EU laying down measures to facilitate the recognition of medical prescriptions issued in another Member State (OJ L 356 of 22 December 2012, p. 68).

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