Background information

 

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, commonly referred to as the Cross-Border Directive (CBD), was adopted to enhance the functioning of the internal market in healthcare services. It supports the fundamental EU principle of the free movement of services and helps to fulfill the EU’s obligation to ensure a high level of human health protection, as set out in Article 168 of the Treaty on the Functioning of the European Union (TFEU).

 

The scope of the Directive was extended to the European Economic Area (EEA) countries —Norway, Iceland and Liechtenstein — through its formal incorporation into the EEA acquis by Decision No. 153/2014 of the EEA Joint Committee. Consequently, these countries are required to apply the Directive on an equal footing with EU Member States, and patients insured in these countries have the right to receive planned treatment in Poland under the Directive.

 

Provisions of the Directive allow insured EU/EEA patients to freely choose their place of treatment. This means that they can receive planned healthcare from public or private providers in Poland and then apply for reimbursement in their country of insurance, provided that the services are covered underthat country’s statutory health insurance scheme.

 

It should be noted that the patient must pay upfront for treatment in Poland and may then submit a claim for reimbursement to the insurance institution in their country. Reimbursement is made in accordance with the tariffs applicable in the country of insurance, not in the country of treatment.

 

Under the Cross-Border Directive, each EU/EEA Member State is required to establish a National Contact Point (NCP). Before arranging treatment in Poland, it is advisable to consult the NCP in your country of insurance for detailed information on procedures, possible prior authorisation requirements* and reimbursement rules.

 

Contact information for National Contact Points in other EU/EEA member is available here.

 

 

ATTENTION!

The Cross-Border Directive does not replace the EU social security coordination system but functions as a complementary and alternative legal instrument. It is primarily applicable in a situation that is not covered by the coordination rules, i.e. planned treatment in private healthcare facilities.

More specific information on the rules applicable under social security coordination can be found on the website of the Polish liaison institution.

 

* Prior authorisation is a formal permission from the country of affiliation for the assumption of planned cross-border care costs. Generally, it is used for treatment that requires hospital accommodation for at least one night, or treatment that requires the use of highly specialized or cost-intensive medical infrastructure or equipment. Under the Directive, each Member State and interested country evaluates internally whether there is a need for a prior authorisation system, and if so, identifies which treatments and cares require prior authorisation when performed abroad.

 

 

 

Obligations of the healthcare provider

The Cross-Border Directive does not oblige healthcare providers to furnish EU/EEA patients with information beyond that made available to residents of the country of treatment.

Obligations of healthcare providers under Polish law as set out in the Act on Medical Activity:

A medical facility shall make public information about the scope and types of health services it provides and the fees charged by displaying it in a visible place where the services are provided and on their website.

At the patient's request, it shall also provide:

  • detailed information on the healthcare services it offers, including the diagnostic or therapeutic methods used and the quality and safety of these methods;
  • necessary information on civil liability insurance contracts;
  • information about the facility as recorded in the Register of Entities Performing Medical Activities (RPWDL).

 

OBLIGATIONS OF HEALTHCARE ENTITIES

A healthcare entity may not refuse to provide healthcare services to a person who requires immediate treatment due to a threat to their life or health.

A healthcare entity is obliged to: 

  • have premises and equipment that meet the requirements applicable to the type of healthcare activity performed and the scope of healthcare services provided;
  • use medical devices that comply with the requirements set out in the Polish Act on Medical Devices;
  • ensure that healthcare services are provided exclusively by persons practising a medical profession and meeting the health requirements specified in separate regulations;
  • conclude a civil liability insurance contract covering damage resulting from the provision of healthcare services or from the unlawful failure to provide healthcare services.

 

OBLIGATIONS OF DOCTORS PRACTISING MEDICINE AS AN INDIVIDUAL MEDICAL PRACTICE

A doctor practising medicine as an individual medical practice is required to:

  • hold a licence to practise,
  • have premises equipped with medicinal products, medical devices, apparatus and medical equipment appropriate to the type and scope of health services provided;
  • take out civil liability insurance covering damage resulting from the provision of health services or from the unlawful failure to provide health services;
  • be entered in the Central Register and Information on Economic Activity (CEIDG).

A doctor practising medicine as a specialist medical practice is additionally required to hold a specialization in the field of medicine corresponding to the type and scope of health services provided.

A doctor may not be: 

  • suspended from practising their profession or restricted in performing certain medical activities under the provisions of the Act on the Professions of Doctor and Dentist and the Act on Medical Chambers;
  • punished with suspension from practising their profession;
  • deprived of the right to practise their profession by a final criminal court decision imposing a preanal measure of prohibition from practising, or suspended from practising by a final criminal court decision imposing a preventive measure of suspension.

 

OBLIGATIONS OF NURSES PRACTISING AS INDIVIDUAL NURSING PRACTITIONERS

A nurse practising as an individual nursing practitioner is required to:

  • • hold a licence to practise,
  • • have premises equipped with medicinal products, medical devices, apparatus and medical equipment appropriate to the type and scope of health services provided;
  • • take out civil liability insurance covering damage resulting from the provision of health services or from the unlawful failure to provide health services;
  • • be entered in the Central Register and Information on Economic Activity (CEIDG).

A nurse practising as a specialized nursing practitioner is also required to have a specialization in nursing, midwifery or another relevant field.

A nurse may not: 

  • be suspended from practising their profession or restricted in performing certain medical under the provisions of the Act on the Professions of Nurse and Midwife and the Act on the Professional Self-Government of Nurses and Midwives;
  • be deprived of the right to practise their profession by a final criminal court decision imposing a preanal measure of prohibition from practising, or suspended from practising by a final criminal court decision imposing a preventive measure of suspension;
  • have had breaks in practising their profession for a total period of more than 5 years within the last 6 years preceding the application for entry in the Register of Entities Performing Medical Activities (RPWDL).

   

 

Types of medical activities in Poland – where to seek treatment?


When seeking treatment in Poland, patients can expect high-quality healthcare provided by specialised personnel using modern medical equipment.

The general principles of conducting medical activity in Poland, as well as the rules governing the operation of entities providing such services, are set out in the Act on Medical Activity.

 

TYPES OF MEDICAL ACTIVITIES IN POLAND

  • inpatient and 24-hour healthcare services
    • hospital services
    • non-hospital services – including nursing, care and rehabilitation of patients who do not require hospitalization, activities aimed at maintaining, restoring and improving health, health education for patients and their families, comprehensive care for terminally ill patients;
  • outpatient services – primary or specialist healthcare services and medical rehabilitation that do not require inpatient or 24-hour care, provided in appropriately equipped, permanent premises.

 

WHERE TO SEEK TREATMENT?


EU/EEA patients planning treatment in Poland under the Cross-Border Directive (CBD) can obtain information about healthcare providers from the following sources:

  • Regional Branches of the National Health Fund (NFZ) – information is provided at the patient's request, which may be submitted in person or by email.
    Contact details for the Regional Branches of the NFZ are available here.
  • National Contact Point for Cross-Border Healthcare (NCP) – in Poland this function is performed by the Central Office of National Health Fund. Enquiries should be sent to Ten adres pocztowy jest chroniony przed spamowaniem. Aby go zobaczyć, konieczne jest włączenie w przeglądarce obsługi JavaScript.

It is also advisable to use the registers and search engines indicated below: