All Spaniards, as well as foreign citizens who have established their residence in the national territory, are the holders of the right to health protection and health care in accordance with the provisions of the Article 1.2 of Law 14/1986 of 25 April, General of Health, thus establishing the universality of the right to health care in Spain.

Law 16/2003, of 28 May, of the cohesion and quality of the National Health System, as well as Law 33/2011, of 4 October, General of Public Health, through its additional provision sixth, supplemented Law 14/1986, of 25 of April, contemplating the progressive extension of the right of access to public health assistance to all Spaniards residing in national territory who could not be recognized in the application of other rules of the legal system.

Law 16/2003, of 28 May, established among the reporting principles contained in Article 2 of the public financing of the National Health System in accordance with the current system of autonomic financing. In its fundamental terms, in Law 22/2009 of 18 December 2009, the system of financing of the autonomous communities of the common system and cities with the Statute of Autonomy is regulated and certain rules are amended. tax.

Thus, both principles, that of universality and public funding, make up our National Health System.

The validity of our model results in a high level of protection of individual and collective health, supported by different indicators of impact on the improvement of health, on life expectancy and on the satisfaction of the citizenship. Therefore, it is necessary not only to maintain the model but also to strengthen its sustainability so that it is possible to safeguard that level of protection against the different threats that might break it.

The regulation established by European legislation in relation to the system of mutual recognition of rights to health and social benefits between Member States, which uses the concept of insurance as the mechanism for recognition of these rights in order to guarantee access to benefits in the countries of the European Union and the settlement of costs between them, has made it necessary to recall this concept, already existing in our system National Health, in such a way that such access is guaranteed within clear rules regarding the rights that assist people in the different situations they may encounter.

The Royal Decree-Law 16/2012 of April 20, of urgent measures to guarantee the sustainability of the National Health System and improve the quality and safety of its benefits has allowed, through the amendment of the Law 16/2003, of 28 May, to overcome a normative vacuum that put at risk the sustainability of the National Health System, completing the existing normative framework and establishing a more appropriate legal regime that allows to define the assumptions of access to the the right to public health care, through the figures of the insured person and the beneficiary, and to regulate a mechanism for the recognition of such a condition that results from the application of both Spaniards and citizens of other nationalities.

In accordance with the enabling for regulatory development contained in the final provision second to the actual decree-law, as well as the forecast contained in article 3.3 of Law 16/2003, of 28 May, it follows: The regulatory development of such a standard should be carried out.

This royal decree therefore proceeds to regulate the condition of the insured person and of the beneficiary of the condition for the purposes of the right to health care in Spain, from public funds, through the National System of Health.

Together with this, this rule establishes the procedure for the recognition of the status of insured person and beneficiary by the National Institute of Social Security or, where appropriate, the Institute Social of the Navy, also regulating the control and extinction of this condition for the purposes of the right to public health care.

Thus, in accordance with the provisions of this royal decree and in the above legal norms, all persons who have the status of insured persons or beneficiaries will be guaranteed health care in Spain, with public funds, through the National Health System, which shall be made effective by the competent health authorities by issuing the individual health card.

This regulation is supplemented by seven additional provisions governing special health care delivery cases such as those relating to returned Spanish nationals and displaced persons residing abroad. temporarily to Spain, to the application of Community regulations and international conventions, to the special convention on the provision of health care, to applicants for international protection, to victims of human trafficking in period of restoration and reflection and people with disabilities. Finally, the additional provision seventh takes account of the particularities of the special social security schemes of civil servants, civil servants and military officers, managed by the administrative mutual societies to which the recognition of the status of mutualist or beneficiary of its protected collective, in accordance with its special rules.

On the other hand, it is necessary to amend Royal Decree 240/2007, of 16 February, on entry, free movement and residence in Spain of citizens of the Member States of the European Union and other States party to the Agreement on the European Economic Area, in order to include in the European Economic Area a new Article 9a in order to regulate the verification of the maintenance of the conditions allowing those citizens to enjoy the right of residence, in line with the provisions of Article 14 of Directive 2004 /38/EC of the European Parliament and of the Council of 29 April 2004.

Finally, this rule should expressly derogate from a number of normative provisions, including Royal Decree 1088/1989 of 8 September 1989 extending the coverage of the health care of the Social security for persons without sufficient financial resources, Decree 1075/1970 of 9 April on health care for Spanish migrant workers and the families of the same residents on national territory and their legislation In the case of the Commission, the Court of State held that the Court of health care and management of medical services in the General System of Social Security, with the exception of paragraph 2 of its sixth article, which maintains its validity.

In the process of elaboration of this royal decree have been consulted the autonomous communities and the cities of Ceuta and Melilla, the Spanish Federation of Municipalities and Provinces, the trade unions and representative and the Consumers and Users Council. It also issued its mandatory report on the Spanish Data Protection Agency, the Interministerial Committee on Foreign Affairs and the Forum for the Social Integration of Immigrants, having been informed by the Inter-Ministerial Commission for the Study of the issues with budgetary importance for the financial balance of the National Health System or significant economic implications, by the Advisory Committee of the Interterritorial Council of the National Health System and by the Interterritorial Council of the National Health System.

In its virtue, on the proposal of the Minister of Health, Social Services and Equality, with the prior approval of the Minister of Finance and Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at their meeting on 3 August 2012,

DISPONGO:

Article 1. Object.

This royal decree aims to regulate the condition of insured persons and beneficiaries of the same for health care in Spain, from public funds, through the National Health System, as well as the Regulation of the recognition, control and extinction of that condition.

Item 2. Of the insured condition.

1. For the purposes of this royal decree, they are persons who have the condition of insured the following:

(a) Those who are included in one of the assumptions provided for in Article 3.2 of Law 16/2003, of 28 May, of cohesion and quality of the National Health System, which are as follows:

1. Be a self-employed or self-employed person, affiliated with Social Security and in a high or equivalent situation to discharge.

2. Ost the condition of the pensioner of the Social Security system.

3. Being a recipient of any other periodic social security benefit, such as unemployment benefit and benefits, or similar benefits.

4. No longer the benefit or the unemployment benefit or other benefits of a similar nature and are in a situation of unemployment, not crediting the condition of insured for any other title. This assumption shall not apply to persons referred to in Article 3b of Law 16/2003 of 28 May.

(b) Those not included in the preceding paragraph or in Article 3 of this royal decree which, having no higher income in annual computation than one hundred thousand euros and no compulsory coverage of the health provision by another means, find in any of the following assumptions:

1. Have Spanish nationality and reside on Spanish territory.

2. º Being nationals of a Member State of the European Union, of the European Economic Area or of Switzerland and registered in the Central Register of Foreigners.

3. º Being nationals of a country other than those mentioned in the preceding paragraphs, or stateless persons, and holders of an authorization to reside in Spanish territory, while the latter is maintained in force in the terms provided for in its specific regulations.

2. Minors subject to administrative supervision will always have the consideration of insured persons, except in the cases provided for in Article 3b of Law 16/2003 of 28 May.

3. For the purposes of applying the income limit provided for in paragraph 1 (b), account shall be taken of the income of the income from work, capital, economic activities and property gains. For these purposes, in the event of the declaration of the Income Tax of the Physical Persons applied in Spanish territory, account shall be taken of the sum of the amount of the liquidable bases of such tax.

For the application of the income limit set out in this paragraph, the last financial year shall be taken as a reference for the periods from 1 November of the year following that year and 31 October back.

In any case, it is understood that they do not exceed the income limit set out in paragraph 1 (b); the taxpayers who, according to the rules governing the Income Tax of the Physical Persons, are not obliged to declare by that tax.

4. It shall not be regarded as compulsory coverage of the health provision referred to in paragraph 1 (b), which is normally provided for in the form of special compulsory insurance, for health risks arising from the provision of such services. Specific activities developed by the insured person, either make them aware of themselves, or through a third party.

This consideration will also not be taken into account in a social welfare provision alternative to the corresponding system of the Social Security system.

Article 3. From the beneficiary condition of an insured person.

1. For the purposes of this royal decree, they are persons who have the status of beneficiaries of a policyholder who, in compliance with the requirements referred to in the following paragraphs, are in any of the following situations:

a) Being a spouse of the insured person or living with it with a relationship of affectivity analogous to the conjugal, constituting a couple in fact.

b) Being a former spouse, or being judicially separated, in both cases by the insured person for having the right to receive a compensatory pension from the insured person.

c) Being a descendant, or a person assimilated to it, of the insured person or of his or her spouse, even if he is legally separated, from his or her former spouse or partner in fact, in both cases by the insured person and under the age of 26 or, in case of being older than that age, have a recognised disability to a degree equal to or greater than 65%.

They will have the consideration of people assimilated to the following descendants:

1. The minors subject to the protection or legal acceptance of an insured person, of their spouse, even if they are legally separated, or of their partner in fact, as well as of their former spouse in charge when, in the latter case, the guardianship or the acceptance would have occurred before the divorce or the marriage annulment. However, minors subject to administrative supervision shall be governed by the provisions of Article 2.2.

2. The sisters and brothers of the insured person.

2. For the purposes referred to in paragraph 1 (c), the descendants and persons who are assimilated shall be deemed to be in charge of an insured person if they live with it and are economically dependent on it.

For these purposes, the following must be taken into account:

(a) Unemancipated minors shall be deemed to be always in charge of the insured person.

(b) In cases of separation by reason of work, studies or similar circumstances, there shall be coexistence with the insured person.

(c) The elderly and the emancipated minors shall be deemed not to be economically dependent on the insured person if they have annual income, taken into account in the form referred to in Article 2.3, which exceeds twice the amount of the Public Multiple Effects Income Indicator (IPREM), also in annual computation.

3. All persons referred to in the preceding paragraphs shall be considered to be beneficiaries as long as they meet the following requirements:

a) Do not hold the condition of insured persons based on article 2.1.a).

(b) Having an authorized and effective residence in Spain, except in the case of persons temporarily moving to Spain and in charge of workers transferred by their company outside the Spanish territory, provided that They are in a situation similar to that of the High, which is listed in the corresponding Spanish Social Security regime.

4. Persons who meet the requirements for the status of beneficiaries under this Article shall not be able to access the condition of insured under Article 2.1.b) as long as they continue to comply with those requirements.

5. Where a person is likely to have the status of a beneficiary of two or more insured persons, that condition may be recognised only by one or more persons, and in any event the condition of the beneficiary of a person insured under the Article 2.1.a).

Article 4. Recognition of the insured or beneficiary condition.

1. The recognition of the status of insured person or beneficiary corresponds to the National Institute of Social Security or, where appropriate, to the Social Institute of the Navy, through its provincial addresses, and will be made ex officio or prior request of the data subject, as the case may be.

2. The official recognition of the status of insured person or beneficiary shall be carried out in the cases provided for in Article 5 as a result of the fact that the administration has all the information necessary to carry out the said condition. recognition.

3. Recognition of the status of insured person or beneficiary shall be made at the request of the person concerned in the cases provided for and in the form laid down in Article 6

4. Once recognized by the National Social Security Institute or, where appropriate, by the Social Institute of the Navy, the condition of insured person or beneficiary, the right to health care will be made effective by the authorities. competent health care providers who shall facilitate the access of citizens to health care benefits through the issue of the individual health card.

Article 5. Trade recognition of the condition of the insured or of the beneficiary.

1. The ex officio recognition of the insured person's condition shall be done automatically, after verification of compliance with the requirements laid down in Article 2, in the case of:

(a) Persons referred to in Article 2.1.a).

b) Persons covered by Article 2 (2) (b) who, at the entry into force of this royal decree, already dispute an individual health card of the National Health System as holders, including those which would have been obtained under the provisions of Royal Decree 1088/1989 of 8 September 1989 extending the coverage of the health care of social security to persons without sufficient financial resources.

c) Persons over the age of 26 years who, at the entry into force of this royal decree, already dispute an individual health card of the National Health System as beneficiaries of an insured person and are included in any of the cases referred to in Article 2.1.b).

2. The official recognition of the status of a beneficiary person shall be made automatically, after verification of compliance with the requirements laid down in Article 3, in the case of persons who have entered into force in this royal decree. already have the status of beneficiaries of any of the persons referred to in the previous paragraph.

Article 6. Recognition of the status of insured person or beneficiary upon request of the person concerned.

1. In the cases not provided for in the previous Article, the recognition of the status of insured person or beneficiary shall require the submission of an application by the persons concerned to the provincial directorate of the National Institute of Social security or, where appropriate, the Social Institute of the Navy, corresponding to your address.

The application shall contain the data provided for in Article 70 of Law No 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure and shall be accompanied, where appropriate, by the original or certified copy of the documents referred to in the following paragraphs which, if issued by foreign authorities, shall be duly legalized.

Such an application may be filed in any of the places referred to in Article 38.4 of Law 30/1992, of November 26, or in the manner provided for in Article 6.1 of Law 11/2007, of June 22, of electronic access to citizens to Public Services.

If the application does not meet the required requirements, the person concerned shall be required to provide, within a period of ten days, the absence or accompanying of the required documents, indicating that, if he does not do so, he shall be withdrawal of his request, after a decision to be made in accordance with the terms of Article 42 of Law No 30/1992 of 26 November.

2. The application for recognition of the insured person's condition shall be accompanied by the following documentation, as the case may be:

a) In the case of Spanish citizens, the National Identity Document in force.

b) In the case of persons who do not have Spanish nationality:

1. National ID or passport in force, and certificate of registration in the Central Register of Foreigners for citizens of the Member States of the European Union, other States party to the Agreement on the European Economic Area or Switzerland.

2. National identity card or passport in force, and family residence card for citizens of the European Union for family members of citizens of the Member States of the European Union, other states party to the Agreement on the European Economic Area or Switzerland.

3. For other persons who do not have Spanish nationality, passport in force and Foreign Identity Card that accredits the ownership of an authorization to reside in Spain or, in case of no obligation to obtain the said Card, the authorization to reside in Spain in which the corresponding Foreign Identity Number is recorded.

c) Certificate of registration in the applicant's municipality of residence.

(d) In the case of persons who are not taxpayers of the Income Tax of the Physical Persons, a statement responsible for not exceeding the income limit provided for in Article 2.1 (b), accompanied, for those persons who do not have Spanish nationality, of a certificate issued by the tax administration of the State in which they have had their last residence accredited not to exceed the said limit of income in respect of the declaration (a) a tax equivalent to a tax on the income of the physical persons. Notwithstanding the foregoing, stateless persons shall not be required to present the latter certificate.

(e) Declaration responsible for not having compulsory coverage of the health provision by another means, accompanied, where appropriate, by a certificate issued by the competent institution in the field of Social Security or assistance health of the country of origin of the person concerned that the right to the provision of health care in Spain does not apply. Notwithstanding the foregoing, stateless persons shall not be required to present the latter certificate.

f) Resolution of the declaration of distress in the case of minors subject to administrative protection.

It will not be necessary to provide the documents referred to in paragraphs (a) and (c) above where the interested parties give their consent so that the data of identity, domicile and residence can be consulted by the administration through the Identity and Residence Data Verification Systems.

3. The application for recognition of the status of a beneficiary shall be accompanied, in addition to the documents provided for in paragraphs (a), (b) and (c) of the preceding paragraph, of the following documentation, as the case may be:

a) Family book or marriage registration certificate to credit the insured person's spouse status.

b) Certification of the registration in any of the existing public records or, failing that, the corresponding public document to prove the existence of a couple in fact.

(c) Proof of the status of ex-spouse or of the legal separation of the insured person, as well as of the right to receive a compensatory pension from the insured person.

d) A family or birth certificate to prove the status of a descendant of the insured person or of his or her spouse, ex-spouse or partner in fact and, in addition, the certificate of recognition of the degree of disability for those who, being over 26 years of age, have a disability in grade equal to or greater than 65 per 100.

(e) Proof of the guardianship or coresponsibility agreed by the competent authority to prove the status of a child legally held or received by the insured person, by his or her spouse, ex-spouse or partner of done.

f) Family or equivalent document to credit the insured person's sister or sibling condition.

g) Statement responsible for not having annual income exceeding twice the amount of the Public Multiple Effects Income Indicator (IPREM), also in annual computation.

It will not be necessary to provide the documents referred to in paragraphs (a) and (c) of paragraph 2 where the interested parties give their consent so that the data of identity, domicile and residence can be consulted by the administration through the Identity and Residence Data Verification Systems.

4. The corresponding provincial directorate of the National Social Security Institute or, where appropriate, of the Social Institute of the Navy, shall give express resolution and shall notify within 30 days, from the day following the receipt of the application, recognition or refusal of the status of insured person or beneficiary in the cases referred to in this Article.

After the 30-day period referred to in the preceding paragraph without the express and notified resolution, the application shall be deemed to be rejected in accordance with paragraph 3 of the provision. Twenty-fifth additional text of the General Law on Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June.

Resolutions, expressed or presumed, issued by the managing body shall be enforceable in the manner provided for in Article 71 of Law 36/2011 of 10 October, regulating social jurisdiction.

Article 7. From the extinction of the insured or beneficiary condition.

1. The insured person condition shall be extinguished for the following reasons:

(a) For failing to comply with the conditions set out in Article 2.

In this case, the insured person's condition shall be extinguished on the first day of the second month following that in which the extinguishing cause is present, except in the case of exceeding the income limit referred to in the Article 2, in which case the extinction of the insured person's condition shall occur with effect from the day one of January of the year following that in which such event occurs.

The extinction of the insured person's condition in this case also involves the person receiving the condition.

b) By death.

2. The condition of the beneficiary of an insured person shall be extinguished for the following reasons:

(a) For failing to comply with the conditions set out in Article 3.

However, the failure to reside on Spanish territory will not lead to the loss of the status of a beneficiary person when the international social security standards resulting from the application.

In this case, the condition of the beneficiary person shall be extinguished on the first day of the second month following that in which the extinguishing cause is present.

(b) To be passed on to the insured person status of Article 2.1.a). In this case, the status of a beneficiary shall be extinguished on the day on which the insured person is acquired. If, subsequently, the condition of insured person is lost but the conditions laid down in Article 3 continue to be met in order to bear the status of a beneficiary, recognition of the latter condition shall have effect from the the day after the person in which the insured person condition is extinguished.

c) By death.

Article 8. Communication and control of the modifying or extinguishing circumstances of the insured or beneficiary condition.

1. Recognition of the variation or extinction of the insured or beneficiary person's condition corresponds to the National Social Security Institute or, where appropriate, the Social Institute of the Navy, through its provincial addresses.

2. The modification of any circumstance affecting the condition of insured person or beneficiary must be brought to the attention of the National Institute of Social Security or, where appropriate, of the Social Institute of the Navy, by means of communication from the person concerned to the provincial address corresponding to his address, within a maximum of one month from the date of the date of the change and in the manner provided for in Article 6.1.

The obligation of the person concerned to communicate the modification of the circumstances affecting the condition of insured person or beneficiary is without prejudice to the checks carried out by the National Institute of the Social Security or, where appropriate, the Social Institute of the Navy for the purpose of recognizing the variation or extinction of that condition.

3. Failure by the person concerned to communicate any modification which occurs in any of the circumstances which may give rise to the variation or extinction of the condition of a insured person or a beneficiary, as well as a incorrect or fraudulent communication of the same, shall not prevent such variation or extinction from operating with retroactive effect from the time the variation or extinction should have produced effects and shall entail the obligation of the person concerned to reintegrate, where the cost of the services to the public health service or the National Institute of Health Management benefits obtained unduly.

Article 9. Personal data protection and data cession.

In accordance with the provisions of Article 3a of Law 16/2003 of 28 May, the National Institute of Social Security and, where appropriate, the Social Institute of the Navy may obtain from the organs of the administrations (a) the data required to be able to verify that the conditions required for the status of insured person or beneficiary are met, and, in accordance with the terms laid down in Article 94 ter of the Treaty, the data necessary to enable the Law 29/2006 of 26 July on the guarantees and rational use of medicinal products and medical devices, data that is accurate to determine the level of contribution of each of them to the pharmaceutical supply. The communication of such data shall not require the consent of the data subjects.

Similarly, the National Institute of Social Security or, where appropriate, the Social Institute of the Navy will communicate daily to the Ministry of Health, Social Services and Equality, without the need to seek consent. the data relating to the recognition, variation and extinction of the insured person's condition or beneficiary, as well as the participation corresponding to them in the pharmaceutical provision and their contribution limit, where appropriate. The aforementioned ministerial department shall, in turn and at the same frequency, communicate this information to the National Institute of Health Management and to the public health services corresponding to the address where the persons concerned are registered in order to make access to public health care benefits effective by issuing the individual health card.

Additional disposition first. Health care for Spanish returnees and residents abroad temporarily displaced to Spain.

1. In accordance with the additional provision of Royal Decree-Law 16/2012 of 20 April, of urgent measures to ensure the sustainability of the National Health System and improve the quality and safety of its services, the Health care with public funds, through the National Health System, for Spanish returnees and Spanish pensioners of origin residing abroad temporarily displaced to Spain will continue to be governed by the Law 40/2006, of 14 December, of the Statute of Spanish citizenship abroad and the Royal Decree 8/2008, of 11 January, for which the provision is regulated for reasons of necessity in favour of the Spanish residents abroad and returned.

2. Spanish workers of origin who do not reside in the Member States of the European Union, nor in States party to the Agreement on the European Economic Area or in Switzerland temporarily moving to Spain shall be entitled to the health care in Spain, from public funds, through the National Health System when, in accordance with the provisions of Spanish Social Security, those of the State of origin or the international standards or conventions of security Social established to the effect, they did not have this coverage foreseen.

Additional provision second. Healthcare in application of Community regulations and international conventions.

1. Persons entitled to health care under the Community regulations for the coordination of social security systems or bilateral agreements covering the provision of health care shall have access to it, provided that they reside in Spanish territory or during their temporary displacements to Spain, in the form, extension and conditions laid down in the Community or bilateral provisions indicated.

2. In no case shall they be regarded as non-registered foreigners or authorised as residents in Spain for the purposes of Article 3b of Law 16/2003 of 28 May, nationals of the Member States of the European Union, of the European Economic Area or Switzerland which are in the situation of stay of less than three months as governed by Article 6 of Royal Decree 240/2007 of 16 February 2007 on entry, free movement and residence in Spain of citizens of the European Union Member States of the European Union and of other States Parties to the Agreement on the Economic Area European.

Additional provision third. Special Convention on the provision of health care.

1. For the purposes of Article 3.5 of Law 16/2003 of 28 May, they may obtain the provision of health care by payment of the corresponding consideration or fee arising from the subscription of a special agreement. those persons who, not having the status of insured persons or beneficiaries, do not have access to a public health protection system for any other title.

2. By order of the person holding the Ministry of Health, Social Services and Equality, the basic requirements of the special health care provision conventions shall be laid down.

Additional provision fourth. Provision of health care for applicants for international protection.

applicants for international protection whose stay in Spain has been authorised for this reason will receive, as long as they remain in this situation, the necessary health care which will include emergency care and the basic treatment of diseases. The necessary care, medical or otherwise, shall also be provided to applicants for international protection with particular needs.

Additional provision fifth. Provision of healthcare for victims of human trafficking in the period of re-establishment and reflection.

The victims of trafficking in human beings whose temporary stay in Spain has been authorized during the period of restoration and reflection will receive, while remaining in this situation, the necessary health care that include emergency care and the basic treatment of diseases. Also, the necessary care, medical or otherwise, will be provided to victims of trafficking in human beings with special needs.

Additional provision sixth. Healthcare for people with disabilities.

In relation to health care for persons with disabilities, the provisions of Law 13/1982 of 7 April, of the social integration of the disabled and Royal Decree 383/1984 of 1 February 1984, will continue to apply. establishing and regulating the special system of social and economic benefits provided for in that law.

Additional provision seventh. Special schemes for civil servants.

1. Persons who have the status of a mutualist or beneficiary of special social security schemes managed by the General Mutuality of Civil Servants of the State, the Social Institute of the Armed Forces and the Mutuality General Judicial, they maintain the system of compulsory coverage of the health provision in accordance with the special regulations of each Mutuality which, likewise, determines their respective protected collective, including the officials who have entered into any public administration after 1 January 2011 in bodies forming part of the field of application of mutualism. These officials will maintain the status of mutualists when they move on to the situation of pensioners.

2. The recognition and control of the status of mutualist or beneficiary corresponds to each mutuality, in accordance with its specific regulations, as well as to its respective organizational structure.

3. The mutual societies and the National Social Security Institute or, where appropriate, the Social Institute of the Navy, shall establish the mechanisms of collaboration and coordination necessary to avoid duplicity of their own rights or derivatives when they are incompatible, as well as to ensure access to the public health system to the mutualist collective that has opted for such healthcare.

Single transient arrangement. Transitional arrangements for access to healthcare in Spain.

The persons who, prior to the entry into force of Royal Decree-Law 16/2012 of 20 April, have access to healthcare in Spain and are not included in any of the cases referred to in Article 5.1 of this royal decree, or is not a beneficiary of its own, or is not insured under Community regulations or bilateral agreements, may continue to access it until 31 August 2012 without the need to establish the status of insured or beneficiaries of these in the terms provided for in this royal decree.

Single repeal provision. Regulatory repeal.

All provisions of equal or lower rank that are opposed to this royal decree are repealed, and in particular the following:

(a) Decree 2766/1967 of 16 November 1967 laying down rules on the provision of health care and the management of medical services in the General Conditions of Social Security, with the exception of paragraph 2 of its Article The sixth that remains in effect.

(b) Decree 1075/1970 of 9 April on health care for Spanish migrant workers and their family members on national territory, and their implementing rules.

(c) Royal Decree 1088/1989 of 8 September 1989 extending the coverage of the health care of social security to persons without sufficient financial resources.

(d) Order of 13 November 1989, for the development of Royal Decree 1088/1989 of 8 September 1989 on the extension of the health care of social security to persons without sufficient financial resources.

Final disposition first. Competence title.

This royal decree is dictated by the provisions of Rules 16. and 17. of Article 149.1 of the Spanish Constitution, which attribute to the State exclusive competence in the field of bases and general coordination of health and of the Economic and Social Security Council, respectively. The second final provision, which incorporates into Spanish law Article 14 of Directive 2004 /38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union, is exempted from the foregoing. and members of their families to move and reside freely within the territory of the Member States.

Final disposition second. Amendment of Royal Decree 240/2007 of 16 February on entry, free movement and residence in Spain of citizens of the Member States of the European Union and of other States party to the Agreement on the European Economic Area.

A new Article 9a is introduced in Royal Decree 240/2007 of 16 February on entry, free movement and residence in Spain of citizens of the Member States of the European Union and other States parties to the Agreement on the European Economic Area, with the following wording:

" Article 9a. Maintenance of the right of residence.

1. Citizens of the Member States of the European Union and of other States party to the Agreement on the European Economic Area and their family members shall enjoy the right of residence provided for in Articles 7, 8 and 9 while they comply with the provisions of the Agreement. the conditions under which they are intended.

In specific cases where there are reasonable doubts as to compliance by a citizen of any Member State of the European Union or of another State party to the Agreement on the European Economic Area or the Member of their family, subject to the conditions laid down in Articles 7, 8 and 9, the competent bodies may check whether those conditions are met. Such verification shall not be carried out systematically.

2. The use of social assistance in Spain by a citizen of a Member State of the European Union or of another State party to the Agreement on the European Economic Area or a member of his family shall not automatically have a measure removal.

3. By way of derogation from the foregoing paragraphs and without prejudice to the provisions of Chapter VI of this royal decree, no expulsion measure may in any event be taken against citizens of the Member States of the European Union or of other States Parties to the Agreement on the European Economic Area or members of their family if:

a) are employed or self-employed; or,

b) have entered Spanish territory to look for work. In this case, they will not be able to be expelled while they can show that they are still looking for employment and that they have real chances of being hired. "

Final disposition third. Development and application faculties.

The holders of the Ministries of Health, Social Services and Equality and Employment and Social Security are empowered to make the necessary arrangements for development in the field of their respective competences. and application of the provisions of this royal decree, without prejudice to the provisions of the final provision of Royal Decree 240/2007 of 16 February 2007.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 3 August 2012.

JOHN CARLOS R.

The Minister of Health, Social Services and Equality,

ANA MATO ADROVER