https://doi.org/10.4081/mem.2017.488
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Curarsi in Europa è possibile? Come e se il decreto sull'assistenza transfrontaliera n. 38/2014 condizioni e ostacoli l'esercizio del diritto alla salute / Is it possible to care themselves in Europe? How and if the decree on cross-border healthcare no. 38/2014 affects and hinders the right to health
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This work analyzes the Italian Legislative Decree of 4 March 2014, n. 38, about the cross-border healthcare. The provisions seem to guarantee the right to health, because they state that the patients have not to obtain an authorization from the administration, before being able to get treatment abroad. At the same time, they disadvantage the poor, because they establish a system of indirect assistance and they specify that individuals may obtain only the reimbursement of the costs that the service would have incurred if it had been performed in the territory of origin. In addition, when introducing the exceptional need for prior authorization, they confer to the public Administration a highly discretionary power. Finally, they aren't clear when they regulate the aspects of the administrative procedures. Is there really a right to health care over the state?
Come citare
Posteraro, N. (2017). Curarsi in Europa è possibile? Come e se il decreto sull’assistenza transfrontaliera n. 38/2014 condizioni e ostacoli l’esercizio del diritto alla salute / Is it possible to care themselves in Europe? How and if the decree on cross-border healthcare no. 38/2014 affects and hinders the right to health. Medicina E Morale, 66(2), 209–229. https://doi.org/10.4081/mem.2017.488
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