Notice Of Right To Hospital Treatment, Etc.

Original Language Title: Bekendtgørelse om ret til sygehusbehandling m.v.

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=125533

Overview (table of contents) Chapter 1 scope etc.

Chapter 2 on the right to hospital treatment, etc. and persons

Chapter 3 About information

Chapter 4 on the right to choose hospitals, etc.

Chapter 5 concerning the right to treatment abroad, etc.

Chapter 6 Journal information

Chapter 7 on the right to amount to personal necessities

Chapter 8 Of Municipal Board's access to reimburse the cost of hospital treatment

Chapter 9 Administration, etc.

Chapter 10 Financing, etc.

Chapter 11 Effective regulations, etc., The full text of the notice of right to hospital treatment, etc.

Under section 8, paragraph 2, § 10, section 11, section 75, paragraphs 2 and 5, § 76, section 78, paragraph 1, section 81 (3) and (4), section 86 (2) and (4), § 87, 87 d, section 89, paragraph 5, article 90, paragraph 2, section 91, § 195, § 225, paragraph 1, section 235 (3) and (4) and section 265 of the Act, without prejudice to health. lovbekendtgørelse nr. 95 of 7. February 2008, as amended by Act No. 538 of 17. June 2008, law No. 539 of 17. June 2008 and Act No. 1064 by 6. November 2008, and section 4 of Act No. 1396 of 21. December 2005 on retspsykiatrisk treatment, etc., shall be based on:

Chapter 1

Scope, etc.

§ 1. This notice includes the right to hospital treatment, etc. of persons with permanent residence or temporary stay in this country.

(2). The services are free of charge for persons entitled to benefits in accordance with this Decree, without prejudice. However, section 3 and section 6, paragraph 3.

(3). At the place of residence shall mean signing up for the population register.

§ 2. Hospital treatment includes after this Ordinance Survey, diagnosis, medical care, obstetrics, rehabilitation at the hospital, health care, prevention and health promotion in relation to the individual patient.

§ 3. 1 the case, in which Denmark has entered into agreement with other States, or established rights in the European Union regulations on the provision of treatment, which are covered by this notice, replaces the rules therein instead of the rules laid down in this Ordinance.

Chapter 2

On the right to hospital treatment, etc. and persons

Persons domiciled in this country

§ 4. Persons domiciled in this country, has the right to hospital treatment, etc., in any region, see. Chapter 4.

(2). A Regional Council must at its hospitals treat all persons entitled to hospital treatment, etc., on the same terms, without regard to where they reside, in accordance with the provisions of this Ordinance.

Persons who take up residence in this country (newcomers)

§ 5. Persons who take up residence here in the country, has the right to hospital treatment, etc. immediately upon registration in the population register, see. section 1, paragraph 3.

Persons who do not live in this country

§ 6. Persons who do not live in this country, are entitled to emergency hospital treatment, etc., in the region of residence in the event of accident, sudden illness and childbirth or exacerbation of chronic disease Treatment, etc., etc., shall be granted on the same conditions as for persons residing in this country.

(2). Residence region provide in addition hospital treatment, etc., when in the circumstances is not deemed reasonable to refer the person for treatment in their home country, including the Faroe Islands and Greenland, or the person unfit to be moved to a hospital in his home country, including the Faroe Islands and Greenland, without prejudice. However, section 14.

(3). For treatment to be granted in accordance with paragraph 2, the region can charge according to the rules laid down in section 41.

(4). Treatment in accordance with paragraph 2, may be granted free of charge, when it is considered reasonable in the circumstances.

§ 7. Stay of longer than 3 months can, when it is deemed reasonable in the circumstances, shall be treated as domiciled in this country, notwithstanding that the person has maintained permanent residence abroad.

§ 8. Persons residing in the Faroe Islands or to Greenland, staying in the country on school trips or in educational purposes, have the right to hospital treatment, etc. on the same terms as persons residing in this country.

Staff and others. by diplomatic and consular representations, as well as NATO and PfP forces

§ 9. The following persons are entitled to hospital treatment, etc. on the same terms as persons resident in Denmark:





1) Deployed personnel of diplomatic missions and consular posts in this country, whose right thereto follows by international provisions, and their family members.

2) released the persons whose stay in Denmark is regulated in agreements on the legal situation of forces or military headquarters, as Denmark has acceded and their family members.





Chapter 3

About information

§ 10. The Regional Council shall, within 8 working days after that one of the Council's hospitals have received the referral of a patient, inform the patient about:





1) date and place of the examination or treatment,

2) the patient may be offered treatment within 1 month after the rules in § 15,

3) the patient may be offered study within 2 months after the rules in § 87 (a), without prejudice to health. section 87 (b), paragraph 1, and treatment within 2 months after the rules in § 87 (a), without prejudice to health. section 87 (b) (1) and (2) when the patient is under the age of 19 years and referred to the psychiatric examination or treatment,

4) the right to choose the hospital under section 11(1), 1-3, section 15 and section 87 of the Act (a) health,

5) Hospital offers to refer the patient for treatment at privately owned hospitals, clinics, etc. in this country or hospitals, etc. abroad, as the region has signed an agreement with,

6) while waiting for treatment at the region's own and other regions, hospitals, as well as by the private specialist hospitals et al., see. section 11 (2) and (3)

7) to the patient by contacting the hospital can get the number of treatments carried out at hospitals covered by nr. 6, and

8) that the Hospital offers to refer the patient to another hospital under section 11(1), 1-3, section 15 and section 87 of the Act (a) health.





(2). In section 11, paragraph 2 and 3, those private specialist hospitals and others. shall, within 8 working days after that the hospital has received the referral of a patient, inform the patient about:





1) date and place of the examination or treatment,

2) the right to choose the hospital under section 11(1), 1-3,

3) to the patient by contacting the hospital can get the number of treatments carried out at the hospital, and

4) that the Hospital offers to refer the patient to another hospital under section 11(1), 1-3.





Chapter 4

About the right to choose hospitals, etc.

§ 11. Individuals referred by a doctor for hospital treatment, etc., can choose from any of the regions hospitals, see. However, §§ 12-14.

(2). The right to choose the treatment referred to in paragraph 1 also applies to the following private specialist hospitals m.fl.: Saint Luke's Hospice, Scholl Foundation Hospice, St. Mary's Hospice Center, rehabilitation centres for traumatised refugees OASIS, RCT-Jylland and RCT in Copenhagen, Epilepsy hospital in dianalund, Ms centres in Haslev and Reputation, PTU's rehabilitation centre, Centre for health and training in middelfart, Centre for health and training in Aarhus, Centre for health and training in Skælskør , Rehabilitation center for muscular dystrophy, Vejle fjord and Center for brain injury, see. section 40 (1).

(3). The right to choose the treatment referred to in paragraph 1 shall apply also KamillianerGaardens Hospice, Hospice Fyn, Arresødal Hospice, Hospice, Hospice South Jutland, Sjælland Anker Fjord Hospice, Hospice and Hospice South-west Jutland, Limfjord Hospice Vendsyssel, Hospice Djursland, see. section 40 (2), as well as Kong CHR. X's Arthritic hospital in Gråsten.

(4). The right to choose the hospital treatment in accordance with paragraphs 1 to 3 shall apply without prejudice to the place of residence of the region's treatment options and criteria for hospital treatment in its hospital system, see. However, sections 12 and 14.

(5). A physician who refers a person to hospital treatment, must refer to the hospital, which the person choose according to paragraphs 1 to 3, if the hospital can take care of the treatment of the person.

§ 12. A hospital department may reject the fritvalgspatienter of the basic regulation. § 11, residing in a different region, of capacity reasons, including if the Department has significantly longer wait times for the treatment in question than other departments, and if essential terms of patients from the own region or else will be overridden.

(2). A hospital department with national or regional function (special function) may refuse to receive fritvalgspatienter of the basic regulation. § 11, there is no national or regional patients whose essential regard to national or regional patients or patients from the own region or else will be overridden.

(3). A hospital department may, however, not after (1) reject the following persons who are expected to stay in the region for more than 3 months:





1) Pupils at boarding school or after school.

2) persons who have been placed outside the home in residential institutions, in foster family or approved residence and similar.

3) persons who are conscripts at a military barracks.

4) Persons that have been inserted in prison prisons.

5) persons who have been placed in psychiatric department, has stay in living arrangements for persons with significant reduced physical or mental functional ability or special social problems, or have been placed in custody, etc., of the Court or Ministry of justice provision.






(4). A hospital department cannot refuse patients who during the stay in the region get urgently needed hospital treatment as a result of the accident, sudden or worsening illness and childbirth, so long as the patient does not tolerate to be moved to a hospital in the region of residence.

§ 13. For people referred to psychiatric treatment, the right to choose the hospital pursuant to section 11, paragraph 1, shall be limited, if the consideration of the case grounds.

(2). For a person who is recorded in the prison institutions, or who reside in an institution pursuant to the code of civil procedure, the criminal code or a hazard decree after chapter 11 of the law on the deprivation of liberty and other coercion in Psychiatry, can the right to elect under section 11(1), 1-3, be restricted for security purposes or in the interest of law enforcement. The authority issuing the permit for the output, etc., shall take a decision thereon.

§ 14. The regional councils have a duty to their psychiatric hospitals or hospital departments to receive:





1) persons to be subjected to mental examination.

2) persons who, pursuant to the judgment or order must be placed or treated in the psychiatric hospital or otherwise subjected to psychiatric treatment.

3) persons who after the Ministry of Justice or of øvrighedens determination must be affixed to the psychiatric hospital.

4) persons as conditions of probation, pardon, etc., or dismissal must be subject to psychiatric treatment.

5) Pre-trial custody pursuant to civil code section 765 or § 777 to be subject to psychiatric treatment.





(2). The Attorney General may determine that the retspsykiatriske patients referred to in paragraph 1 shall be placed or treated at a given hospital or a specific Hospital Department outside the region of residence, when legal certainty or other special considerations, including considerations relating to the injured grounds. When such terms speaks for it, the Ministry of Justice, Directorate of Probation, similarly decide on placing outside the residence region of persons after penalty enforcement § 78 transferred to the psychiatric hospital, as well as persons parole or benådes on conditions of placement or treatment at psychiatric hospital.

(3). The Prosecutor's Office may provide that persons needs to be hospitalized in a psychiatric hospital outside the region of residence, if there is a court order handed down on that person needs to be hospitalized for a mental examination.

§ 15. Persons who are referred by a physician to hospital treatment, can choose to be examined and treated at one of the hospitals, clinics, etc. in this country or abroad, which the regional councils have entered into an agreement under section 35 (agreement hospitals), if not the region of residence within 1 month after the reference is received, can offer both feasibility study, including diagnostic examination and treatment by the region's own hospitals (hospitals) or one of the hospitals which region is collaborating with or usually use (hospitals cooperative), see. However, §§ 17-18.

(2). Individuals who have been offered a date for surgical treatment at a regional hospital, may choose to be treated in a hospital, if the regional hospital agreement change the date.

(3). Choose a person pursuant to paragraph 1 and paragraph 2 treatment at a hospital, the regional hospital agreement the person for treatment, including study on this agreement hospital.

(4). Choose a person as sygehusets assessment of the regions need a diagnostic examination as part of the feasibility study on the regional hospital, in accordance with paragraph 1, to carry out the diagnostic study on a hospital agreement, refers regional hospital of the person to the investigation on this agreement hospital.

§ 16. The time limit under section 15, paragraph 1, shall be counted from the day the hospital receives the reference from the person's doctor for the day, the treatment can be initiated.

(2). 1 statement of the deadline shall not be taken into account periods during which the person undergo a preliminary examination course. However, account shall be taken of waiting out over 2 weeks for each survey in the time limit.

(3). 1 statement of the deadline shall not be taken into account periods when treatment should be postponed because of the person's health condition or after the person's wish.

§ 17. The provision in section 15 does not apply to reference to organ transplants, sterilization, fertility treatment, including refertilisationsbehandling, hearing aid treatment, kos metisk treatment, gender reassignment surgery, psychiatric treatment and recreation and rehabilitation stay.

(2). The provision in section 15 does not reference to scientific, experimental or alternative treatment.

§ 18. The right to choose a hospital appointment under section 15 (1) shall lapse if the waiting time for treatment at this hospital exceeds the wait for treatment at the place of residence of the region's hospitals or one of the region's cooperation hospitals.

§ 19. The regional councils will publish a summary of their cooperative hospitals, see. health law § 75, paragraph 2, and without prejudice to article sygehusene appointment. section 35.

§ 20. For the treatment of mentally ill children and young people under the age of 19 years shall apply the rules laid down in this Ordinance and the rules of the ordonnance on extended right to the study and treatment of mentally ill children and adolescents.

(2). For the treatment of people with life-threatening cancers, etc. applies the rules laid down in this Ordinance and the rules of the Executive order on the treatment of people with life-threatening cancers, etc.

Chapter 5

On the right to treatment abroad, etc.

§ 21. A Regional Council may offer patients referring to treatment abroad.

§ 22. The Regional Council shall reimburse patients ' costs for treatment at a hospital in another EU or EEA country whose Regional Council cannot offer the patient the timely treatment in their own hospitals, other public hospitals, hospitals or cooperation agreement hospitals.

(2). The Regional Council shall, however, only expenses to the same or similar treatment, treatment which the patient would have been offered in the public hospital system in this country.

(3). The Regional Council will refund an amount equal to what the same or similar treatment costs in the public hospital system in this country. In cases where there are fixed charges for the treatment in question in the order on payment for hospital treatment by another regional hospital system, used these tariffs.

§ 23. Application for reimbursement of the costs of hospital treatment in another EU or EEA country under section 22 should be directed to the Regional Council of the region of residence before treatment.

(2). The Regional Council shall decide on the refund no later than 2 weeks after the application is received by the region, and, in fact, taking into account the patient's need for expedited treatment. If the patient is not submitted with the application all in section 24 (1), particulars, the Regional Council can ask the patient accordingly and postpone the decision with the number of days it takes the patient to forward the information to the Regional Council the len mang.

(3). section 30 in the journal information shall apply mutatis mutandis when a Regional Council shall take a decision to reimburse a patient's expenses for hospital treatment in accordance with paragraph 2.

(4). The patient has not received the Regional Council's approval of the reimbursement of costs for hospital treatment in another EU or EEA country prior to treatment, however, the Regional Council will refund the patient's costs after application, if it is not deemed reasonable in the circumstances to refuse reimbursement.

§ 24. In the case of an application for reimbursement in accordance with section 23 must be accompanied by the following information:





1) copy of the doctor's referral for hospital treatment, medical certificate or similar,

2) patient's permission for the Regional Council can obtain additional information about health conditions, etc., as are necessary for the evaluation of the application,

3) description from the foreign hospital of the treatment to which the application include,

4) offer from the foreign hospital, and

5) date of administration of the foreign hospital.





(2). In order to qualify for reimbursement, the patient should submit the following information to the Regional Council:





1) description from the foreign hospital of the treatment which the patient has received,

2) specified and receipted Bill, and

3) information for the purpose of the payment.





(3). In paragraphs 1 and 2 above particulars shall be available in any language, including English, German or French, as understood by the Regional Council.

§ 25. A Regional Council shall offer a patient referral to treatment abroad, if the patient has been examined or treated in a hospital department here in the country, within the relevant disease area holds the high ste domestic special knowledge and the patient of this unit is set to a required treatment on a specified special Department, etc., abroad, when such treatment cannot be given in a Danish hospital.

(2). The reference in paragraph 1 to be submitted to the health protection agency for approval. The presentation can take place orally in urgent cases.


section 26. By reference of patients who are nationals of an EU Member State, EEA country or Switzerland, and their family members to treatment at a public hospital, etc. in another EU country, EEA country or Switzerland, or by referral of other patients for treatment at a public hospital in another Nordic country of residence of the region can make reference in accordance with the rules of the EC Regulation 1408/71 on the application of social security schemes to employed , self-employed persons and members of their families moving within the community, or in accordance with the rules of the Nordic Convention on Social Security.

(2). When referring to treatment under section 21 and section 29 of the Regional Council can issue a form E 112 community.

(3). When referring to treatment under section 25 shall issue the health protection agency EC-form E 112 or other surety proof.

§ 27. Cannot reference for research, experimental or alternative treatment in accordance with the provisions of articles 21 and 25 of the basic regulation. sections 28 and 29.

section 28. A Regional Council may offer a patient referral to research treatment abroad, if the patient has been examined or treated in a hospital ward in this country with national or regional function on the particular disease area, and the patient of this Department is set to research treatment at a designated hospital Department, etc., abroad, and appropriate treatment may not be offered on a Danish hospital.

(2). The research treatment in accordance with paragraph 1 shall comply with the generally accepted requirements for scientific experiments and carried out in cooperation with a Danish hospital.

(3). The Regional Council shall report referrals of patients to research treatment abroad in accordance with paragraph 1 to the National Board of health.

section 29. The National Board of health shall establish an advisory panel on experimental treatment.

(2). The Panel advises on the recommendation of the attending Hospital Department on the treatment of patients who have a life-threatening cancer or other similar life-threatening disease that cannot be offered treatment at public hospitals here in the country or treatment for after §§ 21, 25 and 28. The Panel may also advise on additional studies and treatments at public hospitals here in the country and on treatment after §§ 21, 25 and 28.

(3). The National Board of health shall lay down detailed rules concerning the Panel's composition and activities.

(4). A Regional Council may offer the patients referred to in paragraph 2, the reference to the experimental treatment at a private hospital here in the country or a hospital abroad.

(5). First to the reference with a recommendation from the attending Hospital Department are submitted to the health protection agency for approval.

(6). Health Agency can approve a referral in accordance with paragraph 4, in the light of advice from the Panel regarding the experimental treatment, if that can be possible for a particular experimental treatment on a specified section at a private hospital here in the country or a hospital abroad can cure the patient or prolong the patient's life.

Chapter 6

Journal information

section 30. When a hospital Department refers a person to another treatment facility, including to a treatment place abroad, Department, subject to the consent rules in health law, see. § 41, send the relevant information from the person's journal, including any radiographs, etc. to the treatment site to use for the treatment of the person. The information provided must, where necessary, be translated into one of the following languages, English, German or French, as understood at the treatment site.

(2). A reference to another treatment facility or to a treatment place abroad in accordance with sections 25, 28 and 29 may be made subject to the condition that the person gives consent to that referred to in paragraph 1, journal information, etc. sent to the treatment site.

Chapter 7

About the right amount for personal necessities

section 31. A pensioner who during hospitalization at hospitals don't get paid the pension under section 46, paragraph 1, of the lov om social pension and section 45, paragraph 1, of the law on the highest, middle, elevated plain and ordinary anticipatory pension, etc., are entitled to an amount for personal necessities.

(2). The amount shall be paid by the hospital, and it constitutes 1,281 € per month (2009 price-and wage level). The amount of the price-and lønreguleres once a year and declared by the Board of health.

section 32. A hospitalized patient who are not pensioners ', and which must be considered for care patient or is otherwise deemed unfit for more lasting printing for their own home, are entitled to an amount for personal necessities.

(2). The amount paid by the hospital, may be paid at the earliest, when the patient has had a total of hospital stay at the hospital, etc. at 6 months in addition to admission month counting from 1 ½ years prior to admission.

section 33. The hospital may, in addition to those in sections 31 and 32 cases referred to cash out an amount for personal necessities for hospitalized patients who have had or are expected to have a prolonged hospitalization, and that does not even possess amounts to this. The amount can not exceed it in section 31, paragraph 2, the amounts referred to.

Chapter 8

Of Municipal Board's access to reimburse the cost of hospital treatment

§ 34. A Municipal Council may, when social considerations speaks for it, make the decision to reimburse the cost of disease treatment comparable to the treatment provided in the regional hospital system, for persons domiciled in the municipality.

Chapter 9

Administration, etc.

section 35. Regional councils in association signs agreement with the private hospitals, clinics, etc. in Denmark and hospitals, etc. abroad who wish to conclude an agreement on the treatment of persons under section 15.

(2). Private hospitals, clinics, etc. in Denmark and hospitals, etc. abroad, which has concluded an agreement with the regions of the Association in accordance with paragraph 1, can cooperate with each other, including on the delivery of diagnostic services.

(3). The parties can not reach agreement on the terms of an agreement, the Minister for health and prevention at the request of those referred to in paragraph 1, hospitals, clinics, etc., establish the conditions for doing so.

(4). Cannot reference persons under section 15 for hospitals, clinics, etc., who do not want to conclude an agreement in accordance with paragraph 3 stipulated conditions.

§ 36. The private hospitals, clinics, etc. in Denmark and hospitals, etc. abroad who wish to conclude an agreement with the regions under section 35, shall for this purpose at the request of the regional councils or the Minister for health and prevention provide evidence relating to:





1) treatment services, including processing experience, professional skills, Guard preparedness, appliance standard, treatment principles and similar,

2) waiting time for treatment and

3) observation of patients ' rights.





section 37. The private hospitals, clinics, etc. in Denmark and hospitals, etc. abroad, who have been relegated a person for treatment under an agreement with the regional councils under section 35, shall for the purposes of a possible continued treatment in hospitals and for settling for performed treatment give all relevant information about the treatment to the hospital, which has referred the person.

section 38. Treatment sites in this country to be used for therapeutic purposes as well as statistical purposes relating to activity in the hospital system, the population's consumption of hospital services, the hospital patients ' diseases and performed operations report information concerning patient care for Health's national patient register. Treatment stations abroad to report such information to the hospital, which has referred the person thereof.

Chapter 10

Financing, etc.

§ 39. Region of residence shall bear the costs of hospital treatment, etc. After this announcement, see. However, paragraphs 2 and 3.

(2). Residence region shall bear the costs of hospital treatment, etc. to patients who do not live in this country.

(3). The State shall bear the expenses for treatment, etc. pursuant to section 25.

§ 40. The regional councils have a duty to provide treatment free of charge in accordance with article 11, paragraph 2, are limited to an annual financial framework for each institution are laid down in the Ordinance on economic frames for free choice to private special hospitals, etc.

(2). The regional councils have a duty to provide unpaid care at hospice pursuant to section 11, paragraph 3, includes treatment within the framework of the institution have entered into an operating agreement with location region. The obligation to provide unpaid care to an end, if the operating line was the appearance to be lifted by one of the parties.

§ 41. A region will charge for the treatment of persons who do not have the right to hospital treatment, etc., see. However, paragraph 5 and article 6, paragraph 4.

(2). In cases where there are fixed rates for these services in order on payment for hospital treatment at another hospital system, used these regions.

(3). Payment shall be calculated and charged in connection with or immediately after printing or the ambulatory treatment.

(4). Payment per sengedag, hospitalization, outpatient treatment or study, etc. must be provided beforehand.

(5). When it is deemed reasonable in the circumstances, may be granted total or partial exemption from the payment.

§ 42. The Regional Council may require bail for the timely payment or deposit requirement, see. § 41.


section 43. In agreements between a public authority and a Regional Council on the use of the region's hospital system can be with the Minister for health and prevention approval sets a particular payment for the use.

§ 44. A municipality's expenses for medical care under section 34 may not be covered by insurance.

Chapter 11

Entry-into-force provisions, etc.

§ 45. The notice shall enter into force on the 1. July 2009.

(2). At the same time repealed Executive Order No. 1065 of 6. November 2008 concerning the right to hospital treatment, etc., the Ministry of health and Prevention, the 11. June 2009 Jakob Axel Nielsen/Jette Wind B