92000E2128

WRITTEN QUESTION E-2128/00

by Sebastiano Musumeci (UEN) to the Commission

(30 June 2000)

Subject: Reimbursement of medical expenses for Italian nationals abroad

The Ministerial Decree of 3 November 1989 (published in the Italian Official Gazette No 273 of 22 November 1989) concerning the criteria for using highly specialised health care facilities abroad makes provision for the partial reimbursement of expenses incurred by Italian nationals resident in Italy for health care which is unavailable in Italy.

Article 6, paragraph 11 states that 80 % of the travelling expenses of the patient and a companion may be reimbursed if air travel was authorised beforehand.

However, Article 1 of the Regional Decree of 15 March 1990 issued by the Region of Sicily states that the flat rate reimbursement for the travelling and subsistence expenses actually incurred and documented is to be 60 % of the total cost for those with an income of up to LIT 20 million per year, 50 % for an income of up to LIT 35 million and 40 % for an income of up to 50 million.

Does the Commission not consider that the Regional Decree apart from discriminating against Sicilian citizens who, if they have to use health facilities abroad cannot benefit from the above-mentioned refunds conflicts with Article 2 of the EC Treaty?

Can it take steps to put an end to this regrettable situation?

Answer given by Ms Diamantopoulou on behalf of the Commission

(13 September 2000)

The Honourable Member's question concerns the rate of reimbursement of travel expenses, under a Sicilian Regional Decree, for Sicilian citizens who travel abroad to receive health care that is unavailable in Italy.

According to the Ministerial Decree of 3 November 1989, which lays down the criteria for obtaining treatment at highly specialised establishments abroad, Italian citizens resident in Italy are entitled to partial reimbursement of air fares, subject to prior authorisation, for themselves and, where applicable, an accompanying person, at the rate of 80 %.

By contrast, the Sicilian Regional Decree of 15 March 1990, in similar situations, stipulates a rate which varies between 40 % and 60 % of expenses actually incurred and documented, depending on the income of the person applying for reimbursement.

The Honourable Member's question concerns Italian national and regional legislation. As the persons concerned are Italian nationals, neither the EC Treaty nor Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community(1) is implicated. The matter involves a conflict of Italian law, which can only be dealt with by the national courts.

(1) OJ L 149, 5.7.1971 (most recent consolidated version: Council Regulation (EC) No 118/97 of 2 December 1996 (OJ L 28, 30.1.1997)).