EUGATE Questionnaire on Legislation and Policies

<strong>EUGATE</strong> Project
WP5 - <strong>Questionnaire</strong> for the identification of legislation
and policies on health care for immigrants
This questionnaire was designed to map and assess existing legislation and policies in <strong>EUGATE</strong>
partners’ countries. It aims to collect, in a uniform way, information on the legal provisions to
receive health care for persons belonging to the <strong>EUGATE</strong> target groups. This will allow to:
a) compare identified legislation and policies between <strong>EUGATE</strong> partners’ countries;
b) highlight legislation gaps in <strong>EUGATE</strong> partners’ countries comparing selected European
Union Directives that refer to health care for immigrants;
c) possibly, highlight best policies to provide inspiration for new health care strategies and
actions which will continue to address the issue of health care for immigrants.
Data collection
The questionnaire contains open-ended questions. If you do not have all the information required,
please answer as many questions as possible.
We would like you to list and report on national legislation and policies that are in effect in your
country, regulating health care for immigrants either as a whole or as one or more of the following
specific groups: regular immigrants, irregular immigrants, asylum seekers, refugees, and
victims of human being trafficking. Please consider that we are particularly interested to
investigate legal provisions regulating health care for immigrants within the three mainstreams
identified in the project: primary care, emergency care, chronic care.
The questionnaire should be completed by each partner and posted by the 30 th of November 2008
on the <strong>EUGATE</strong> Forum (http://www.asplazio.it/forum/eugate_forum/index.php)
If you have any questions, please contact us:
salment@asplazio.it Phone +39 06 830 60 424, Fax +39 06 830 60 463
<strong>EUGATE</strong> project
European Best Practices in Access, Quality and Appropriateness of Health
Services for Immigrants in Europe

DEFINITIONS OF LEGISLATION AND POLICY
FOR THE PURPOSES OF <strong>EUGATE</strong> PROJECT
Legislation on health care to immigrants:
It refers to binding legal provisions related to the health care for immigrants (as a general
category) or for one or more of the <strong>EUGATE</strong> target groups. Please consider legislation that
is currently in effect in your country.
Policy on health care to immigrants:
It is an organized set of values, principles and objectives for the delivery of health care to
immigrants (as a general category) or to one or more of the <strong>EUGATE</strong> target groups.
Depending on the country, policies can be binding. In a wide sense we can include in this
group also detailed schemes for action which may include setting priorities for strategies
and establishing timelines and resource requirements. Please consider the last existing
version of a policy.
The <strong>EUGATE</strong> Project
WP5 - Mapping and assessment of legislation and policies
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GENERAL INFORMATION
1. Name of the <strong>EUGATE</strong> project’s Partner: _________________________________
2. Information on the compiler / person that can be contacted:
2.1 Name _________________________________________________________
2.2 E-mail address __________________________________________________
2.3 Telephone ______________________________________________________
3. Date this questionnaire was completed (ddmmyyyy): |__|__| |__|__| |__|__|__|__|
4. Indicate the sources used to answer the questions (please tick placing an X. You
may tick more than one item)
□ Personal professional knowledge
□ Colleagues who are expert in the field
□ Juridical tools
□ Juridical experts
□ Other experts
Please specify _________________________________________________
The <strong>EUGATE</strong> Project
WP5 - Mapping and assessment of legislation and policies
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SECTION A
Please provide a concise description (maximum 40 lines) of health care system in
your country indicating:
- the essential principles ( e.g. health national responsibility, equal access, coverage of
health needs);
- present services organization (primary care, secondary care, emergency care);
- health care financing (e.g. Social Health Insurance Systems, Tax financed National
Health Service, out of pocket contribution);
- at what government level the legislation is enacted (national, regional,
community/municipality level).
Brief description (maximum 40 lines)
The <strong>EUGATE</strong> Project
WP5 - Mapping and assessment of legislation and policies
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A.1 Using the provided template (see Annex I in this document), please list
relevant NATIONAL LEGISLATION and POLICIES regarding the health care
system.
A.2 In your country, at what government level the legislation that regulate health
care for <strong>EUGATE</strong> target groups is enacted (please tick placing an X):
□
□
□
5.1 At a national level
5.2 At a local level (e.g. regional/community/municipality level).
5.3 Both, at national and local level
Please specify what is ruled at a national level and what is ruled at a regional level:
_______________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
Note: for section A only, usage of Annex II is not required.
Give reference in your own language and in English, e.g. “Piano Sanitario Nazionale 2006-2008 (National Health Plan
2006-2008)”
The <strong>EUGATE</strong> Project
WP5 - Mapping and assessment of legislation and policies
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SECTION B
Legislation regarding immigration in your country
B.1 Please provide a concise description of the requirements/conditions defined
by legislation in order to acquire a legal status of regular resident in your
country.
B.2 Using the provided template (see Annex I in this document), please list
relevant NATIONAL LEGISLATION and POLICIES that regulate immigration in
the country.
For each of the documents you list, using the provided template (see Annex II in this
document), you are requested to:
a) Provide a brief description in English (maximum 20 lines);
b) Indicate whether it is a specific legislation or policy or if it is a paragraph or a section
incorporated within a general legislation or policy document;
c) Give comments on the implementation status.
Give reference in your own language and in English, e.g. “Piano Sanitario Nazionale 2006-2008 (National Health Plan
2006-2008)”
The <strong>EUGATE</strong> Project
WP5 - Mapping and assessment of legislation and policies
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SECTION C
LEGAL PROVISIONS FOR HEALTH CARE TO REGULAR IMMIGRANTS
C.1 Please indicate below if the following EU Directives have been adopted in
EU Directives
your country:
Directive
2004/38/EC of the
European
Parliament and of
the Council of 29
April 2004
Issue of interest
On the right of citizens of the
Union and their family
members
to move and reside freely
within the territory of the
Member States
Corresponding legal provisions in your country
(please tick placing an X)
Not
adopted Adopted
Indicate reference
(please write document’s title both in original
language and in English)
Council Directive
2003/86/EC of 22
September 2003
Family reunification with
indications on health care
Council Directive
2003/109/EC of
25 November
2003
Status of third-country
nationals who are long-term
residents considering
dispositions on public health
issues and indications on
health care
C.2 Please provide a concise description of how the health care to regular
immigrants is regulated.
Brief description (maximum 20 lines)
The <strong>EUGATE</strong> Project
WP5 - Mapping and assessment of legislation and policies
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C.3 Using the provided template (see Annex I in this document), please list *
relevant NATIONAL LEGISLATION and POLICIES that regulate health care to
regular immigrants within the three mainstreams identified in the project:
primary care, emergency care, chronic care.
For each of the documents you list, using the provided template (see Annex II in this
document), you are requested to:
a) Provide a brief description in English (maximum 20 lines);
b) Indicate whether it is a specific legislation or policy or if it is a paragraph or a section
incorporated within a general legislation or policy document
c) Give comments on the implementation status.
The <strong>EUGATE</strong> Project
WP5 - Mapping and assessment of legislation and policies
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SECTION D
LEGAL PROVISIONS FOR HEALTH CARE TO IRREGULAR IMMIGRANTS
D.1 Please provide a concise description of how the health care to irregular
immigrants is regulated
Brief description (maximum 20 lines)
D.2 Using the provided template (see Annex I in this document), please list
relevant NATIONAL LEGISLATION and POLICIES that regulate health care to
irregular immigrants within the three mainstreams identified in the project:
primary care, emergency care, chronic care.
For each of the documents you list, using the provided template (see Annex II in this
document), you are requested to:
a) Provide a brief description in English (maximum 20 lines);
b) Indicate whether it is a specific legislation or policy or if it is a paragraph or a section
incorporated within a general legislation or policy document
c) Give comments on the implementation status.
See note pag. 4
The <strong>EUGATE</strong> Project
WP5 - Mapping and assessment of legislation and policies
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SECTION E
LEGAL PROVISIONS FOR HEALTH CARE TO ASYLUM SEEKERS
E.1 Please indicate below if the following EU Directives have been adopted in
EU Directives
your country:
Council Directive
2001/55/EC of 20
July 2001
Council Directive
2003/9/EC of 27
January 2003
Issue of interest
Temporary protection in the
event of a mass influx of
displaced persons with
indications on medical care
including emergency care and
essential treatment of illness
Reception of asylum seekers
with indications on health
care (information for medical
assistance, medical screening,
medical treatment for persons
with special needs such as
pregnant women, minors,
persons subjected to torture,
etc.)
Corresponding legal provisions in your country
(please tick placing an X)
Not
adopted
Adopted
Indicate reference
(please write document’s title both in
original language and in English)
E.2 Please provide a concise description of how the health care to asylum
seekers is regulated.
Brief description (maximum 20 lines)
The <strong>EUGATE</strong> Project
WP5 - Mapping and assessment of legislation and policies
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E.3 Using the provided template (see Annex I in this document), please list
relevant NATIONAL LEGISLATION and POLICIES that regulate health care to
asylum seekers within the three mainstreams identified in the project: primary
care, emergency care, chronic care.
For each of the documents you list, using the provided template (see Annex II in this
document), you are requested to:
a) Provide a brief description in English (maximum 20 lines);
b) Indicate whether it is a specific legislation or policy or if it is a paragraph or a section
incorporated within a general legislation or policy document
c) Give comments on the implementation status.
See note pag. 4
The <strong>EUGATE</strong> Project
WP5 - Mapping and assessment of legislation and policies
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SECTION F
LEGAL PROVISIONS FOR HEALTH CARE TO REFUGEES
F.1 Please indicate below if the following EU Directive has been adopted in your
country:
EU Directives
Council Directive
2004/83/EC of 29
April 2004
Issue of interest
Status of third country
nationals or stateless persons
as refugees or as persons who
need international protection
with indications on health
care including medical
assistance for persons with
special needs such as
pregnant women, disabled
people, etc.
Corresponding legal provisions in your country
(please tick placing an X)
Not
adopted
Adopted
Indicate reference
(please write document’s title both in
original language and in English)
F.2 Please provide a concise description of how the health care to refugees is
regulated.
Brief description (maximum 20 lines)
The <strong>EUGATE</strong> Project
WP5 - Mapping and assessment of legislation and policies
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F.3 Using the provided template (see Annex I in this document), please list
relevant NATIONAL LEGISLATION and POLICIES that regulate health care to
refugees within the three mainstreams identified in the project: primary care,
emergency care, chronic care.
For each of the documents you list, using the provided template (see Annex II in this
document), you are requested to:
a) Provide a brief description in English (maximum 20 lines);
b) Indicate whether it is a specific legislation or policy or if it is a paragraph or a section
incorporated within a general legislation or policy document
c) Give comments on the implementation status.
See note pag. 4
The <strong>EUGATE</strong> Project
WP5 - Mapping and assessment of legislation and policies
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SECTION G
LEGAL PROVISIONS FOR HEALTH CARE TO VICTIMS OF HUMAN BEING
TRAFFICKING
G.1 Please indicate below if the following EU Directive has been adopted in your
country:
EU Directives
Council Directive
2004/81/EC of 29
April 2004
Issue of interest
Residence permit issued to
third-country nationals who
are victims of trafficking in
human beings considering
indications on health care
including psychotherapeutical
care
Corresponding legal provisions in your country
(please tick placing an X)
Not
adopted
Adopted
Indicate reference
(please write document’s title both in
original language and in English)
G.2 Please provide a concise description of how the health care to victims of
human being trafficking is regulated.
Brief description (maximum 20 lines)
The <strong>EUGATE</strong> Project
WP5 - Mapping and assessment of legislation and policies
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G.3 Using the provided template (see Annex I in this document), please list
relevant NATIONAL LEGISLATION and POLICIES that regulate health care to
victims of human being trafficking is regulated within the three mainstreams
identified in the project: primary care, emergency care, chronic care.
For each of the documents you list using the provided template (see Annex II in this
document), you are requested to:
a) Provide a brief description in English (maximum 20 lines);
b) Indicate whether it is a specific legislation or policy and whether it is a paragraph or
a section incorporated within a general legislation or policy document;
c) Give comments on the implementation status.
See note pag. 4
The <strong>EUGATE</strong> Project
WP5 - Mapping and assessment of legislation and policies
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ANNEX I – LIST OF NATIONAL LEGISLATION / POLICIES (TEMPLATE)
TYPE
(please use L for Legislation and P for Policies)
SECTION (please use the section letter corresponding to the relevant target group)
A - Health care system in your country
B - Legislation regarding immigration in your country
C - Legal provisions for health care to regular immigrants
D - Legal provisions for health care to irregular immigrants
E - Legal provisions for health care to asylum seekers
F - Legal provisions for health care to refugees
G - Legal provisions for health care to victims of human being trafficking
Type
Section Document
number
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
Document’s title
(please write the title both in original language and in English)
20
Note: please duplicate this list and renumber rows (e.g 21-40, 41-60…) to add documents.
The <strong>EUGATE</strong> Project
WP5 - Mapping and assessment of legislation and policies
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ANNEX II –DESCRIPTION OF THE REFERENCED DOCUMENTS (TEMPLATE)
(please fill in one template for each document you listed in Annex I)
1. Please retype here your COUNTRY Id: (UK, AT, DE, …) followed by the TYPE, SECTION and NUMBER
you wrote down in your LIST OF NATIONAL LEGISLATION / POLICIES (Annex I): (e.g. DK L C 2)
Country
Id
Type Section Number
2. Brief description (maximum 20 lines)
3. The indicated document refers to:
(please select only one of the following placing an X. For paragraphs/sections, indicate clearly the
reference (number/letter/page). The corresponding text will be translated into English by WP5 staff)
□ a specific LEGISLATION / POLICY
□
a paragraph or a section incorporated within a general LEGISLATION / POLICY document
Specify the reference No. of the paragraph/section
______________________________________________
4. Comment on implementation status
The <strong>EUGATE</strong> Project
WP5 - Mapping and assessment of legislation and policies
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