**A top EU legal adviser says patients who get hospital treatment in another EU member state should get fully reimbursed by their home country.**The advocate general was commenting on a case involving the health services of Spain and France, whose level of patient cover differs.
The case at the European Court of Justice has not yet been resolved.
A resident of Spain who had unplanned hospital treatment in France is pressing for Spain to reimburse him.
The legal opinion from Advocate General Paolo Mengozzi is not binding on the court’s judges, but it carries weight as a suggested legal solution to the case.
Claim costs
Mr Mengozzi said Spain’s refusal to reimburse the patient’s extra hospital costs in France put Spain in breach of EU law relating to the freedom to provide services.
The European Parliament has backed a new EU draft directive aimed at streamlining cross-border healthcare, but the legislation has not yet gone into effect.
Under the plan, patients would be able to claim up to the amount their treatment would have cost in their home country.
The aim is to clarify citizens’ healthcare rights in line with European Court of Justice rulings. In recent years the court’s judges have ruled that freedom to cross EU borders for the best and quickest treatment is a right for all.
In a landmark ruling in 2006, the European Court said the UK’s National Health Service should reimburse a woman for a hip replacement operation she had in France.