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EDI - European Association of Dental Implantologists

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<strong>EDI</strong> 61<br />

<strong>European</strong> Law<br />

Member States, whether or not patients are eligible<br />

for a certain benefit or if they can claim reimbursement<br />

in their Member States.<br />

Aside from the immense amount <strong>of</strong> time this<br />

information requirement would consume, it certainly<br />

cannot be a physician’s duty to advise patients <strong>of</strong><br />

the numerous requirements <strong>of</strong> cross-border healthcare.<br />

If anything, this task should be performed by<br />

the national contact points.<br />

The <strong>European</strong> Commission also wants to establish<br />

common guidelines concerning the quality and safety<br />

<strong>of</strong> medical care and to increasingly assure the<br />

Member States’ compliance with these guidelines.<br />

The Commission’s intention is to motivate the Member<br />

States to improve their standards <strong>of</strong> quality and<br />

safety and to align themselves with the actual state<br />

<strong>of</strong> medical science to match up the levels <strong>of</strong> provision<br />

within the Member States. Germany has many years<br />

<strong>of</strong> experience with such guidelines, which are almost<br />

invariably out <strong>of</strong> date by the time they are enacted.<br />

This problem will increase if guidelines are to be<br />

developed for all Member States at the same time.<br />

The proposed directive still has to be ratified by the<br />

<strong>European</strong> Parliament and Council. As with the directive<br />

on services, the <strong>European</strong> Parliament will probably<br />

request various amendments. The directive might<br />

therefore not be ratified before a new parliament is<br />

elected in the summer <strong>of</strong> 2009.<br />

Solicitor Nico Gottwald<br />

Ratajczak & Partners<br />

Berlin · Cologne · Essen · Freiburg<br />

Meissen · Munich · Sindelfingen<br />

Posener Straße 1<br />

71065 Sindelfingen, Germany<br />

1 Flash Eurobarometer Series #210, Cross-border<br />

health services in the EU, Analytical report, conducted<br />

by the Gallup Organization, Hungary upon the<br />

request <strong>of</strong> the <strong>European</strong> Commission, the Health<br />

and Consumer Protection Directorate-General (DG<br />

SANCO), 2007.

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