Right to healthcare. The Beneficiary, who is entitled to exercise the rights established in this contract, must provide identification when requesting any of the Benefi- ciary healthcare services, presenting their ASISA Membership Card and national identity card, or any equivalent document that proves their iden- tity (passport, driving licence). The Membership Card is personal and non-transferable and ASISA will take the appropriate legal action in the event of any undue or fraudulent use thereof. The healthcare expenses covered by this contract will be paid directly by ASISA to the authorised practitioners and healthcare facilities that pro- vided the service, so the Beneficiary must not make any out-of-pocket payment. ASISA will only pay for benefits or care prescri- bed or performed by healthcare facilities, ser- vices or practitioners authorised by the Insurer and included in its Directory. When referral is required for diagnostic proce- dures, special treatment techniques, hospitali- sation, outpatient surgery and other services, referral shall be made by a specialist in the relevant area included in the Insurer’s Directo- ry of Practitioners. Whenever so required, that referral must be previously and expressly au- thorised by ASISA through the different xxxx- xxxx established for this purpose, according to the instructions issued by the Insurer at the time. For emergency healthcare requiring au- thorisation by the Insurer, such authorisation shall be requested within 7 days after the date on which such emergency occurred. An updat- ed list of benefits requiring authorisation at any given time may be consulted on the company’s website (xxx.xxxxxxxxxxxxxxxx.xxx), the Call Centre (+00 00 000 0 000) and the other available information platforms (app, Delegation offices, etc.). If, according to General Condition Two above, ex- press authorisation by the Insurer is required to confirm the service eligibility (diagnostic proce- dures, special treatment techniques, hospitali- sation, outpatient surgery and other benefits in- dicated), the corresponding authorisation will be
Right to healthcare. Article 35 EU Charter guarantees the right to health care and obliges the EU to provide a “high level of protection of human health”. The right is connected with many other human rights enshrined in the charter, such as the right to human dignity (Article 1 EU Charter), the right to respect for private and family life (Article 7 EU Charter) and the right to protection of personal data (Article 8 EU Charter).85 To assure the highest level possible for human health and healthcare under Article 35 EU Charter, a European Charter of Patients’ Rights86 was created by non-profit organisations from twelve EU Member States in 2002. The charter determines fourteen patients’ rights, namely: • Right to preventive measures; • Right of access to health services; • Right to information regarding the patients’ state of health; • Right to consent; • Right to free choice among different treatment procedures and providers; • Right to privacy and confidentiality of personal information, including one’s health; • Right to respect of patients’ time; • Right to the observance of quality standards; • Right to safety; • Right to innovation; • Right to avoid unnecessary suffering and pain; • Right to personalized treatment; • Right to complain; • Right to compensation whenever one suffered harm cause by a health service. 84 General Medical Council (2017) Confidentiality: good practice in handling patient information, para. 5. Available here: xxxxx://xxx.xxx-xx.xxx/-/media/documents/gmc-guidance-for-doctors---confidentiality- good-practice-in-handling-patient-information---- 70080105.pdf?la=en&hash=08E96AC70CEE25912CE2EA98E5AA3303EADB5D88 85 Xxxxxx, X., & XxXxxx, X. (2014). The Right to Health Care. In S. Xxxxx, X. Hervey, X. Xxxxxx & X. Xxxx (Eds.). The EU Charter of Fundamental Rights: A Commentary (pp. 951–968). London: Xxxx Publishing. Para 35.03, p. 952. 86 European Charter of Patients’ Rights, Basis Document, Rome, November 2002, p. 1. xxxxx://xx.xxxxxx.xx/health/ph_overview/co_operation/mobility/docs/health_services_co108_en.pdf While the creation of a European Charter of Patients’ Rights is generally admirable, it seems to explain the enjoyment of these rights only on a high-level. Furthermore, it does not refer to potential ethical or legal implications that are accompanied with the use of eHealth technologies. However, it is essential to acknowledge that healthcare is a matter of national competence and, subsequently, that the European Union does not have the competence to...
