91997E2906(01)

WRITTEN QUESTION P-2906/97 by Elly Plooij-van Gorsel (ELDR) to the Commission (3 September 1997)

Subject: Extra charge levied on EU nationals' health-care bills in New York State

1. Is the Commission aware that New York State levies an extra charge of 32% on health-care costs incurred by visitors (tourists) from outside the US as a means of covering the health-care costs of poor (uninsured) Americans?

2. Does the Commission consider that this amounts to unlawful discrimination against non-US nationals compared with US nationals?

3. Does the Commission agree that this imposes unwarranted additional charges on EU nationals, possibly even causing them serious financial problems, if they fall sick in the US? At all events, European sickness and travel insurance policies do not cover these extra costs. EU citizens are now being forced either to take out extra insurance or to expose themselves to an unacceptable risk.

4. Does this practice contravene agreements concluded between the US and the EU (e.g. in relation to the WTO)?

5. What action will Commission take?

Supplementary answer given by Sir Leon Brittan on behalf of the Commission (15 December 1997)

Further to its answer of 19 September 1997 ((OJ C 60, 25.2.1998, p. 140. )), the Commission is now able to provide the following additional information.

Information obtained to date by the Commission does not confirm that New York State levies an extra charge of 32% on health-care costs incurred by visitors (tourists) from outside the United States as a means of covering the health-care costs of poor (uninsured) Americans.

According to the information available, it seems that a 12% surcharge is claimed by hospitals, medical institutions and laboratories from Americans and non-Americans alike who are not members of a 'management care group' which is a less expensive form of health insurance which limits the choice of doctors and imposes caps on reimbursable expenses. This money serves to supplement a central fund which contributes to covering the medical expenses of the uninsured.

The Commission believes this is more a matter for the Member States than for the Commission.