The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019

Cases arising during cross-border arrangements

16.—(1) The legislation referred to in Parts 2 and 3, except for regulations 2, 4(2), 8, 9 and 10, is to continue to apply on and after exit day without the amendments, repeals and revocations made by those Parts, and with the modifications made by Schedule 2, so far as relating to—

(a) reimbursement of qualifying EEA expenditure;

(b) authorisation in relation to the provision of a service in an EEA State;

(c) the charge to a visiting patient for the provision of a cross-border healthcare service;

(d) functions relating to National Contact Points.

(2) The legislation applied by paragraph (1) has effect so as to impose an obligation relating to—

(a) reimbursement of qualifying EEA expenditure,

(b) authorisation in relation to the provision of a service in an EEA State, or

(c) the charge to a visiting patient for the provision of a cross-border healthcare service,

only if, and only during the period when, cross-border arrangements have effect between the United Kingdom and the EEA State in question or, in the case of sub-paragraph (c), the member State which is the visiting patient’s member State of affiliation within the meaning of Article 3(c) of the Directive.

(3) For the purposes of this regulation—

(a) arrangements between the United Kingdom and an EEA State concerning cross-border healthcare are cross-border arrangements if and only if the EEA State is included in the list maintained by the Secretary of State under paragraph (4);

(b) cross-border arrangements between the United Kingdom and an EEA State are to be treated as beginning and ceasing to have effect at the times specified in the list maintained by the Secretary of State under paragraph (4).

(4) The Secretary of State must maintain a list for the purposes of paragraph (3).

(5) The list must specify in relation to each EEA State listed in it—

(a) when cross-border arrangements between the EEA State and the United Kingdom are to be treated as beginning to have effect;

(b) when cross-border arrangements between the EEA State and the United Kingdom are to be treated as ceasing to have effect.

(6) The time specified in the list as the time when cross-border arrangements are to be treated as beginning to have effect may not be before exit day.

(7) The time specified in the list as the time when cross-border arrangements are to be treated as ceasing to have effect may not be after 31 December 2020.

(8) The Secretary of State may remove an EEA State from the list before the time specified in the list as the time when the EEA State’s cross-border arrangements are to be treated as beginning to have effect.

(9) The Secretary of State may change a time specified in the list (but not after the time specified).

(10) The Secretary of State must publish the list and keep it up to date.

(11) This regulation is without prejudice to regulation 15.

(12) In this regulation—

“cross-border healthcare service”, “healthcare”, “National Contact Point” and “visiting patient” have the same meaning as in the 2013 Regulations;

“cross-border healthcare”, except in the phrase “cross-border healthcare service”, means—

(a)

healthcare provided in an EEA State, payments in respect of which may be made by the government of the United Kingdom; or

(b)

healthcare provided in the United Kingdom, payments in respect of which may be made by an EEA State;

“the Directive” means Directive 2011/24/EU of the European Parliament and of the Council of 9th March 2011 on the application of patients’ rights in cross-border healthcare;

“qualifying EEA expenditure” has the same meaning as in section 6BA(3) of the NHS Act 2006 or, as the case may be, of the NHS (Wales) Act;

“service” is to be construed in accordance with section 6BA of the NHS Act 2006 or, as the case may be, the NHS (Wales) Act.