Notice Of Right To Hospital Treatment, Etc.

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

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Overview (table of contents)



Chapter 1



Scope, etc.





Chapter 2



The right and access to hospital treatment and personae





Chapter 3



Information





Chapter 4



Diagnostic examinations, elucidation, the right to choose hospitals, etc.





Chapter 5



Right to treatment abroad, etc.





Chapter 6



Special rules for reimbursement of costs for hospital treatment in other EU/EEA countries





Chapter 7



Journal information





Chapter 8



Right to amount to personal necessities





Chapter 9



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





Chapter 10



Reporting





Chapter 11



Financing, etc.





Chapter 12



Entry-into-force provisions, etc.



The full text of the notice of right to hospital treatment, etc. 1)

Under section 8, paragraph 2, § 10, section 11, section 75, paragraph 2, article 76, section 78, paragraph 1, section 78 (a), paragraph 2, article 81, paragraph 3 and 4, § 82 a, paragraph 3, article 82 (b), (3), section 86 (2) and (3), article 87, paragraph 5, section 89, paragraph 5, section 89 (a), paragraph 2, article 90, paragraph 3, section 91, § 195, § 225, paragraph 1, section 235 (3) and (4) and section 265 in health law without prejudice to article. lovbekendtgørelse nr. 913 of 13. July 2010, as amended by Act No. 1388 of 28. December 2011, law No. 1401 of 23. December 2012, law No. 1638 by 26. December 2013, and Act No. 743 of 25. June 2014, and after negotiation with the Minister of Justice and the Minister for children, gender equality, integration and social conditions, as well as under section 4 of Act No. 1396 of 21. December 2005 on retspsykiatrisk treatment, etc. shall be determined: Chapter 1 scope etc.

§ 1. This Ordinance covers entitlement and access to hospital treatment, etc. to persons with residence or 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 5 (3) and sections 6 and 7, paragraph 1.

(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. In those cases, where 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 Right and access to hospital treatment and persons covered 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 do not live in this country



§ 5. 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). Regional Council of the region of residence provides 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 16.

(3). For treatment to be granted in accordance with paragraph 2, the Regional Council can charge according to the rules in section 50.

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

§ 6. The Regional Council may provide treatment and charge you according to the rules in section 50 for hospital treatment, which is not acute, see. section 5, paragraph 1, of persons who are related to an EU/EEA country, Greenland or the Faroe Islands, and who do not have access to treatment under section 7, provided hospital treatment may be provided within the existing capacity, and in the absence of private companies that can meet the demand for these services in the region concerned.

§ 7. The Regional Council provides for payment processing in accordance with Title VI of the Act, without prejudice to health. However, paragraph 5, to patients who do not live in this country, and which is publicly insured in or is entitled to health care services on behalf of other EU/EEA countries than Denmark pursuant to 1) the rules laid down in European Parliament and Council Regulation (EC) No 1782/2003. 883/2004 of 29 April 2004. April 2004 on the coordination of social security schemes as amended, or the decision of the EEA Joint Committee No. 76/2011 by 1. July 2011 amending Annex VI (social security) and Protocol 37 to the EEA Agreement, or 2) in the case of third-country nationals, the rules laid down in Council Regulation (EC) No 1782/2003. 859/2003 of 14. May 2003 extending the provisions of Regulation (EEC) No 2377/90. 1408/71 and Regulation (EEC) No 2377/90. 574/72 to third country nationals who are not already covered by these provisions solely on the ground of their nationality or of the European Parliament and of the Council Regulation (EU) No. 1231/2010 of 24. November 2010 on the extension of Regulation (EC) No 1782/2003. 883/2004 and Regulation (EC) No 1782/2003. 987/2009 to include third-country nationals who are not already covered by these regulations solely because of their nationality, or of the law of another EU/EEA country.

(2). Treatment pursuant to paragraph 1 does not include access to organs for the purpose of organ transplants.

(3). The Regional Council may require evidence that the treatment-seeking is covered by paragraph 1.

(4). For treatment to be granted in accordance with paragraph 1, charge payment according to the rules laid down in the Regional Council section 50.

(5). Paragraph 1 shall not affect a patient's right to emergency hospital treatment, see. section 5, or the right to health-care law's benefits during temporary residence in Denmark according to the rules laid down in European Parliament and Council Regulation (EC) No 1782/2003. 883/2004 of 29 April 2004. April 2004 on the coordination of social security schemes as amended, or the decision of the EEA Joint Committee No. 76/2009 amending Annex VI (social security) and Protocol 37 to the EEA Agreement.

(6). By treatment in accordance with paragraph 1, paragraph 12 (1) (8). 2-9, and article 12, paragraphs 2 and 3, and Cape. 4-9 shall not apply.

§ 8. A Regional Council may, on the basis of a specific assessment rejecting patients who seek treatment under section 7, including if the Hospital Department has significant latency to that treatment, and significant terms to other patients will otherwise be disregarded.

(2). The Regional Council shall publish information about therapeutic areas to which access is restricted, see. (1) as soon as possible and at the latest in connection with the actual decision.

§ 9. 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



§ 10. The following persons are entitled to hospital treatment, etc. on the same terms as persons with domicile in this country: 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.

Referral for hospital treatment



§ 11. With less acute treatment occurs where the reference cannot be obtained beforehand, should the person be referred to treatment by a physician or dentist, see. However, paragraphs 2 and 3.

(2). The person may also be referred by other authorized health persons or authorities, where the Regional Council has announced that these have access to reference.

(3). The Regional Council may also, after a concrete assessment provide hospital treatment to a person who is not a referral to treatment, see. (1) when circumstances justify it.

Chapter 3 Information § 12. The Regional Council shall, within 8 working days after that one of the Council's hospitals have received the referral of a patient or provided a patient, inform the patient about: 1) date and place of the examination or treatment, 2) the patient according to the rules laid down in section 13, paragraphs 1 and 2, may be offered a diagnostic examination within 1 month, 3) the patient according to the rules in section 14 can be offered elucidation within 1 month without prejudice to article. However, section 54, paragraph 2, 4) the patient according to the rules in section 19 (1) and (2) can be offered treatment within 1 or 2 months, 5) the right to choose the hospital according to the rules laid down in section 13, article 15, paragraphs 1-3, and section 19, 6) the Hospital offers to refer the patient to privately owned hospitals, clinics, etc. in this country or hospitals, etc. abroad, as the regional councils of the Association has entered into an agreement (agreement hospitals) , 7) the wait time on the diagnostic examination, investigation or treatment that the patient is referred to by the region's own hospital system, other regions, hospitals, private hospitals and clinics, which the region has signed an agreement with as well as the private specialist hospitals et al., see. section 15 (2) and (3)
8) to the patient by contacting the hospital can get the number of diagnostic examinations, examinations and treatments carried out at hospitals covered by nr. 7, and 9) that the Hospital offers to refer the patient to another hospital after the rules in § 13, § 15, paragraphs 1-3, section 19 and section 82 of the Act (a) health.

(2). The Regional Council shall, no later than eight working days after change of date for surgical treatment at a regional hospital, inform the patient about the right to choose hospital under section 19, paragraph 4.

(3). In section 15, paragraphs 2 and 3, referred to 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 according to the rules laid down in article 15, paragraphs 1-3, 3) to the patient by contacting the hospital can get the number of treatments carried out at the hospital, and 4) to the Hospital offers to refer the patient to another hospital in accordance with § 15 (1)-3.

Chapter 4 diagnostic examinations, elucidation, the right to choose hospitals, etc.

§ 13. Persons who are referred by a general practitioner or a specialist doctor for a diagnostic study to use for the doctor, can select from any region hospitals. In addition, the person can choose to be examined at a hospital, if the Regional Council agreement in the region of residence is not within 1 month after the reference is received, can offer the diagnostic study at its hospitals or cooperative hospitals.

(2). The right to choose the diagnostic examination in accordance with paragraph 1 shall also include, subject to paragraph 2. Health Law § 82 a, diagnostic studies for use by medical specialists in Team Denmark's sports medical team with regard to the processing of level elite athletes in Team Denmark.

(3). Regional hospital must refer people to the hospital, the agreement calls for, when the conditions referred to in paragraphs 1 and 2 are fulfilled.

§ 14. For people referred for elucidation on the hospital, the Regional Council of the region of residence of elucidation at its hospital system, other regions, hospitals or private hospitals and clinics, which the region has signed an agreement with, within 1 month, if it is technically possible, see. However, paragraph 2.

(2). Where it is not possible to disentangle the person within 1 month of the basic regulation. (1) the Regional Council shall draw up, within the same time limit the patient receive a plan for further study courses.

(3). A plan pursuant to paragraph 2 shall contain the information about the scheduled further fact-finding sequences, URf.eks. information about the content of the planned studies, as well as the time and place of these. By ambiguity about the further course of study must a plan pursuant to paragraph 2 at least include information on the content of the next study in the fact-finding process, as well as the time and place for this.

§ 15. Individuals referred by a doctor for hospital treatment, etc., can choose from any of the regions hospitals, see. However, §§ 16-18.

(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 DIGNITY, Epilepsy hospital Filadelfia, sclerosehospitalerne 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 49, paragraph 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, Hospice søndergård, Svanevig Hospice, the Hospice courtyard Filadelfia, Hospice, Hospice Søholm, cf. Sydfyn section 49 (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, § 16 and § 18.

(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.

§ 16. A hospital department may reject the fritvalgspatienter of the basic regulation. sections 13 and 15, of capacity reasons, including if the Department has significantly longer wait times for the treatment in question than other departments, and if essential respect for other patients will otherwise be disregarded.

(2). A hospital department with national or regional function (special function by function or highly specialized function of the regions) may refuse to receive fritvalgspatienter of the basic regulation. section 15, there is no national or regional patients at specialfunktions level, if essential terms of national or regional patients on specialfunktions level or to 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.

§ 17. For people who are busy in 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 choose the hospital pursuant to section 13 (1) and (2) and section 15, paragraphs 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.

§ 18. 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 code of civil procedure § § 765 or 777 should 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.

§ 19. People referred for hospital treatment and provided, may choose to be treated at one of the hospitals, clinics, etc. in this country or abroad, which the regional councils of the Association has entered into an agreement to this effect (agreement hospitals), where the Regional Council of the region of residence is not within 2 months, see. However, paragraph 2, can offer both the feasibility study and treatment by the region's own hospitals (hospitals) or one of the hospitals, as the region is collaborating with or usually use (hospitals cooperative), see. However, sections 21 and 22.

(2). When the person is referred for treatment of serious illness is the deadline referred to in article 6. paragraph 1, however, 1 month.

(3). Regional Council of the region of residence shall take a decision as to whether a disease is severe, see (2) on the basis of the following terms, and if there is no prospect of spontaneous recovery: 1) as to whether the prospect of significant improvement or cure deteriorates significantly by exposure of the treatment with an additional 1 month.

2) whether or not the condition is accompanied by daily and severe pain with the need for strong painkillers, and there is the prospect of treatment can relieve or eliminate the pain significantly, or the condition is accompanied by daily severe and mental forpinthed, and there is the prospect of treatment can relieve or eliminate the symptoms significantly. By severe mental forpinthed is defined as a condition in which the patient is marked by despair, fear or anxiety as a result of a fundamental mental disorder.
3) whether or not there are daily severe disabilities, where there is a prospect that treatment can better or normalize function reduction significantly. In the assessment of functional reduction can, inter alia, the following. included: inability to retain employment, perform common and necessary personal chores of daily life, personal hygiene, food intake, displacement, etc.

(4). 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.

(5). Regional hospital must refer people to the hospital, the agreement calls for when the conditions in paragraphs 1-2 and 4 are met.

§ 20. The time limit under section 13, paragraphs 1 and 2, shall be counted from the day the hospital receives the reference from the person's doctor, to the day, the diagnostic study can be carried out. The time limit under section 14 shall be counted from the day the hospital receives the reference from the person's doctor for diagnosis can be completed. The time limit under section 19 (1) and (2) shall be counted from the day on which the patient is provided without prejudice. § 14. In cases where the patient by reference is provided, the time limit under section 19 (1) and (2) from the receipt of the reference on the COR Council hospital.

(2). In the calculation of time limits under paragraph 1 shall not be taken into account periods when the diagnostic study of the basic regulation. section 13, paragraphs 1 and 2, and without prejudice to article treatment. section 19 (1) and (2) may be postponed due to the person's State of health or for the person's wish.

§ 21. The provisions of §§ 13 and 19 shall not apply in regard to organ transplants, sterilization, fertility treatment, including refertilisationsbehandling, hearing aid treatment, cosmetic treatment, gender reassignment surgery and the recreation and rehabilitation stay.

(2). The provisions of §§ 13 and 19 shall not apply in regard to research, experimental or alternative treatment.

§ 22. The right to choose a treatment or diagnostic study on a hospital appointment under section 13 (1) and (2) and section 19 (1) and (2) shall lapse if the wait at this hospital exceeds the wait time at the place of residence of the region's hospitals or one of the region's cooperation hospitals.

§ 23. 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 13, paragraphs 1 and 2, article 19, paragraph 1, and the announcement on the conclusion of processing contracts after the extended fritvalgsordninger, etc.

§ 24. 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 the right to treatment abroad, etc.

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

section 26. 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 highest 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.

§ 27. By reference of patients who are nationals of an EU/EEA country or Switzerland, and their family members to treatment at a public hospital, etc. in another EU/EEA country or Switzerland, or by referral of other patients for treatment at a public hospital in another Nordic country Council in the regions of residence region can carry out reference according to the rules laid down in European Parliament and Council Regulation (EC) No 1782/2003. 883/2004 of 29 April 2004. April 2004 on the coordination of social security schemes as amended or of the EEA Joint Committee decision No 1/95. 76/2011 by 1. July 2011 amending Annex VI (social security) and Protocol 37 to the EEA Agreement, or in accordance with the rules of the Nordic Convention on Social Security.

(2). When referring to treatment in accordance with sections 25 and 30 Regional Council may grant EC form S 2 or EC-form E 112.

(3). When referring to treatment under section 26 shall issue the health protection agency community form S 2 E 112 or other surety proof.

section 28. Cannot reference for research, experimental or alternative treatment in accordance with the provisions of §§ 25 and 26 of the basic regulation. sections 29 and 30.

section 29. 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 (special function) in the relevant disease and the patient area 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 30. 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 sections 25, 26 and 29. The Panel may also advise on additional studies and treatments at public hospitals here in the country and about treatment for sections 25, 26 and 29.

(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 reference after paragraph 4 on the basis 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 Special rules on the reimbursement of costs for hospital treatment in other EU/EEA countries the right to reimbursement of the costs of hospital treatment



section 31. The Regional Council shall reimburse patients ' costs for hospital treatment in another EU/EEA country, see. However, paragraphs 2 to 4.

(2). The Regional Council will refund the cost of the same or similar treatment, treatment which the patient would have been offered in the public hospital system in this country, including medication costs which in Denmark are covered by the relevant hospital performance.

(3). The Regional Council's reimbursement of costs for non-acute hospital treatment in another EU/EEA country in accordance with paragraph 1 shall be subject to the condition that the patient is referred for hospital treatment in accordance with the provisions of section 11 (1) and (2) of the basic regulation. However, paragraph 4.

(4). The Regional Council may, after a concrete assessment provide reimbursement for hospital treatment to a person who is not a referral to treatment, see. (3) when circumstances justify it.

(5). For certain hospital treatments is the right to a refund subject to prior authorisation of the Council of regions, see. detailed rules laid down in §§ 33-35.

(6). By hospital treatment according to the rules laid down in this chapter shall mean treatment in Denmark exclusively for hospital treatment.

Prior approval of reimbursement of the costs of certain hospital treatments



Application when prior authorisation of reimbursement for hospital treatment is not required



section 32. Application for reimbursement of the costs of hospital treatment in another EU/EEA country under section 31 may be directed to the Regional Council prior to treatment.

(2). The Regional Council shall take a decision on the reimbursement in accordance with paragraph 1 not later than two 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 of section 40 (1), particulars, the Regional Council can ask the patient accordingly and postpone the decision with the number of days it takes the patient to submit the missing information to the Regional Council.

Application when prior authorisation of reimbursement for hospital treatment is required



section 33. Application for reimbursement of the costs of hospital treatment in another EU/EEA country under section 31 should be directed to the Regional Council prior to treatment, provided that the need is not acute treatment, and if the treatment is performed on one of the National Board of health published list, see. § 34.

(2). If the conditions of prior authorisation in accordance with European Parliament and Council Regulation (EC) No 1782/2003. 883/2004 of 29 April 2004. April 2004 on the coordination of social security schemes as amended or of the EEA Joint Committee decision No 1/95. 76/2011 by 1. July 2011 amending Annex VI (social security) and Protocol 37 to the EEA Agreement are fulfilled, the Regional Council the preauthorization accordingly, unless the patient requests otherwise.
(3). 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 of section 40 (1), particulars, the Regional Council can ask the patient accordingly and postpone the decision with the number of days it takes the patient to submit the missing information to the Regional Council.

(4). The patient has not received the Regional Council's approval of the reimbursement of costs for hospital treatment in another EU/EEA country prior to treatment, see. paragraph 1, however, the Regional Council will refund the patient's costs after application, if it is in the circumstances was not possible for the patient to wait for the Regional Council's prior approval prior to treatment, or the region not according to the rules laid down in section 35 could have given the refusal of the application. The Regional Council may also provide reimbursement, if it is not deemed reasonable in the circumstances to refuse reimbursement.

§ 34. The health protection agency publishes a list of hospital treatments, to which the right to reimbursement is contingent upon prior approval of the basic regulation. section 33.

(2). The treatments referred to in paragraph 1 shall meet one of the following criteria: 1) Treatment requires planning, with the aim to ensure that in Denmark is sufficient and permanent access to a balanced range of high-quality treatment, or from a desire to control costs and to the extent possible avoid any wastage of financial, technical and human resources , and treatment involves either hospitalisation at least a night, or requires use of highly specialised and cost-intensive medical infrastructure or medical equipment.

2) Treatment pose a particular risk for the patient or the population.

3) Treatment is provided by a health service provider in each case may give rise to serious and specific concerns with regard to the quality and safety of health services, with the exception of health care, which is subject to EU legislation, which ensures a minimum level of safety and quality.

section 35. The Regional Council can only refuse applications for reimbursement of the costs of hospital treatment covered by article 34, paragraph 1, for the following reasons: 1) the Regional Council may offer patients timely treatment in their own hospitals, other public hospitals, hospitals or cooperation agreement hospitals.

2) the patient will, according to a clinical assessment with reasonable certainty be exposed to a patient-safety risk which cannot be regarded as acceptable, taking into account the potential benefit for the patient treatment desired.

3) Population with reasonable assurance will be exposed to a significant security risk as a result of the treatment in question.

4) the treatment in question are provided by a healthcare provider, which gives rise to serious and specific concerns with regard to standards for healthcare quality and patient safety, including provisions on supervision.

Reimbursement for special patient groups



§ 36. Regional Council does not provide the reimbursement in accordance with section 31 to persons domiciled in this country, and that according to the rules of the European Parliament and Council Regulation (EC) No 1782/2003. 883/2004 of 29 April 2004. April 2004 on the coordination of social security systems with subsequent amendments, shall be entitled to the law's benefits in Denmark on behalf of a public health insurance in another EU country.

section 37. The Regional Council shall reimburse the expenses under section 31, to the following persons who are resident in another EU/EEA country: 1) persons who are insured in accordance with Danish rules of European Parliament and Council Regulation (EC) No 1782/2003. 883/2004 of 29 April 2004. April 2004 on the coordination of social security schemes as amended or of the EEA Joint Committee decision No 1/95. 76/2011 by 1. July 2011 amending Annex VI (social security) and Protocol 37 to the EEA Agreement.

2) Pensioners and members of their families, as well as family members of frontier workers who have the right to healthcare in the Member State of residence to expense for Denmark after the under paragraph 1 shall be without prejudice to the EU-rules, etc.. However, paragraph 2.

(2). (1). 2 do not include retirees and co-insured family members living in the EU/EEA countries, as will charge reimbursement of expenses for health services in the country of residence at the annual flat-rate amounts referred to in article 6. Annex 3 of the European Parliament and Council Regulation (EC) No 1782/2003. 987/2009 of 16. September 2009 on the detailed rules for the implementation of Regulation (EC) No 1782/2003. 883/2004 of 29 April 2004. April 2004 on the coordination of social security schemes as amended or of the EEA Joint Committee decision No 1/95. 76/2011 by 1. July 2011 amending Annex VI (social security) and Protocol 37 to the EEA Agreement.

(3). The reimbursement in accordance with paragraph 1 shall not include the cost of hospital treatment provided in the EU/EEA country where the persons concerned are resident.

Refund amount



section 38. 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.

(2). Reimbursement of costs for hospital treatment in accordance with paragraph 1 may not exceed the person's actual costs.

Decision competence



§ 39. Application for reimbursement of the costs of hospital treatment under section 31 should be directed to the Regional Council of the region of residence, without prejudice. However, paragraphs 2 to 4.

(2). For persons covered by section 37, paragraph 1, no. 1 a decision on reimbursement of the Regional Council of the region, where the municipality that issued the special health cards for the insured, is located.

(3). For pensioners and members of their families covered by section 37, paragraph 1, no. 2, a decision on reimbursement of the Regional Council in the pensioner's last residence region.

(4). For the family members of frontier workers covered by section 37, paragraph 1, no. 2, a decision on reimbursement of the Regional Council of the region, where the municipality that issued the frontier worker's special health map is located.

Information in connection with the application for prior approval and subsequent reimbursement



§ 40. In the case of an application for reimbursement under section 32 or § 33 prior to treatment must be accompanied by the following information: 1) copy of the doctor's referral for hospital treatment, see. section 31, paragraph 3, 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 of the foreign establishment of the treatment to which the application includes, 4) offer from the foreign hospital, 5) date of administration of the foreign hospital, 6) for the under section 37, paragraph 1, no. specified persons to be attached to the application a copy of the applicant's special health map, 7) for those under section 37, paragraph 1, no. 2, referred to retirees and their family members to be attached to the application a copy of the applicant's EUROPEAN health insurance card, and 8) for the under section 37, paragraph 1, no. 2, the members of the family of a frontier worker to be attached to the application a copy of the frontier worker's special health card and a copy of the applicant's EU health insurance card.

(2). A patient who has been given the approved application for reimbursement in accordance with section 32 or section 33, must, in order to qualify for reimbursement under section 31, 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.

Information in connection with the processing of applications for reimbursement, and when there is no requested pre-approval



§ 41. In the case of an application for reimbursement for treatment under section 31, when no prior authorisation is requested under section 32 or section 33, must be accompanied by the following information: 1) copy of the referral for hospital treatment, see. section 31, paragraph 3, 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 establishment of the treatment which the patient has received, 4) date of administration of the foreign hospital, 5) for those under section 37, paragraph 1, no. specified persons to be attached to the application a copy of the applicant's special health map, 6) for the under section 37, paragraph 1, no. 2, referred to retirees and their family members to be attached to the application a copy of the applicant's European health insurance card, 7) for those under section 37, paragraph 1, no. 2, the members of the family of a frontier worker to be attached to the application a copy of the frontier worker's special health card and a copy of the applicant's EUROPEAN health insurance card, 8) specified and receipted Bill, and 9) information for the purpose of the payment.

Chapter 7 Journal information § 42. 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 § 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 26, 29 and 30 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 8 entitled to amount to personal necessities
section 43. 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 1362 € per month (2013-price and salary level). The amount of the price-and lønreguleres once a year and declared by the Board of health.

§ 44. 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 starting from 1.5 years prior to admission.

§ 45. The hospital may, in addition to those in sections 43 and 44 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 43, paragraph 2, the amounts referred to.

Chapter 9 Municipal Board's access to pay for hospital treatment, § 46. 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 10 Reporting section 47. 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 to the national patient register. Treatment stations abroad to report such information to the hospital, which has referred the person thereof.

Chapter 11 Financing, etc.

section 48. Regional Council of the region of residence shall bear the costs of hospital treatment, etc. After this announcement, see. However, paragraphs 2 to 4.

(2). For persons covered by section 37, paragraph 1, no. 1, shall be borne by the Regional Council of the region, where the municipality that issued the special health cards for the insured, is located, the cost of hospital treatment, etc., in other EU/EEA countries in accordance with section 31.

(3). For pensioners and members of their families covered by section 37, paragraph 1, no. 2, shall be borne by the Regional Council in the pensioner's last municipality the costs of hospital treatment, etc., in other EU/EEA countries in accordance with section 31.

(4). For the family members of frontier workers covered by section 37, paragraph 1, no. 2, shall be borne by the Regional Council of the region, where the municipality that issued the frontier worker's special health map is located, the cost of hospital treatment, etc., in other EU/EEA countries in accordance with section 31.

(5). Regional Council of the region of residence shall bear the costs of hospital treatment, etc. to patients who do not live in this country.

(6). The State shall bear the expenses for treatment, etc., in accordance with section 26.

§ 49. The regional councils have a duty to provide treatment free of charge in accordance with article 15, 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 in accordance with article 15, 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 agreement be abrogated by either party.

§ 50. Regional Council in 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 5, paragraph 4.

(2). The payment shall be determined in accordance with the provisions of the Ordinance for payment for hospital treatment by another regional hospital system and include a payroll tax.

(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.

(6). By charging the payment shall issue an invoice, indicating the region of settlement rate, or alternatively, the calculation of the actual cost of processing, see. paragraphs 2 and 3.

§ 51. The Regional Council may require bail for the timely payment or deposit requirement, see. § 51.

§ 52. 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.

§ 53. A municipality's expenses for medical care under section 46 cannot be covered by insurance.

Chapter 12 provisions for entry into force, etc.

§ 54. The notice shall enter into force on the 1. September 2014, see. However, paragraph 2.

(2). For people referred for psychiatric assessment at the hospital before the 1. September 2015, under section 14, the deadline is 2 months.

(3). Reimbursement of costs of treatment in other EU/EEA countries in accordance with section 31, where treatment, etc. have taken place in the period from 25. October 2013 to 31. December 2013, may on application be done retrospectively in accordance with the provisions of this Ordinance.

(4). Of applications for the reimbursement of costs of treatment in other EU/EEA countries in accordance with paragraph 3, the provisions of §§ 39 and 41 shall apply.

(5). Executive Order No. 422 of 8. May 2007 about journaling of refusal on free choice of hospital for psychiatric patients, order No. 787 of 16. July 2008 extended right to the study and treatment of mentally ill children and adolescents, including whether the referral procedure and documentation requirements for the agreement hospitals etc., Decree No. 1542 of 27. December 2009 extended the right to treatment for mentally ill adults, including whether the referral procedure and documentation requirements for the agreement hospitals etc. and Decree No. 1661 by 27. December 2013 on the right to hospital treatment, etc. shall be repealed.

The Ministry of health and prevention, 29. August 2014 Nick Hækkerup/Lene Brøndum Jensen Official notes 1) Ordinance contains provisions implementing parts of the European Parliament and of the Council of the EUROPEAN UNION 9/24/2011. March 2011 on patients ' rights in cross-border healthcare, the official journal 2011, nr. L 88, page 45-65.

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