Result card

  • LEG8: Do laws/ binding rules require appropriate preventive or treatment measures available for all?
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Do laws/ binding rules require appropriate preventive or treatment measures available for all?

Authors: Ingrid Wilbacher

Internal reviewers: Gottfried Endel

Acknowledgments: Hans Seyfried for voluntarily reviewing

Legislation – adapt the regulations found for screening from JA1, add crc specialities if possible

-          The test and/or treatment availability (colonoscopy after FIT or gFOBT, surgical treatment of detected crc, advanced therapy, etc.) should not threaten the European health care systems

-          The basic right to health care at the state of the art and the declarations for gender equality, prisoners, disabled, regional equalities can be interpreted as the expanded right for appropriate equal preventive examinations. In terms of screening this is fulfilled if the screening criteria {high accuracy, acceptable, cost-effective) are reached.{75}

-          In case of CRC a positive result requires a complex treatment strategy which is able to serve the epidemiological burden. The reimbursement by the national health system for necessary abroad treatment is court-decided by a case and recently regulated by the cross-border healthcare directive.{76}

The EU considers that early detection procedures and techniques should be researched more thoroughly before being widely applied in order to guarantee that their use and application is safe and evidence-based; therefore, it is necessary that this research leads to unambiguous and evidence-based recommendations and guidelines; {77} But in further context, the opinion of the EU can be interpreted for defining clear and transparent goals of the screening measurement which should be communicated in public.

A study about longterm care reports that most variability in advance care planning decisions was the result of differences among community-based long-term care providers {64%) rather than consumers' situational features. The authors highlight the need for consistent educational programs regarding the role of the ... provider. {Baughman 2011){78}

The court decision {79} about abroad treatment states several conditions for the reimbursement by the national health system.

Structure and resources have to be provided appropriately. Union action, which shall complement national policies, shall be directed towards improving public health, preventing physical and mental health. The Union and the Member States shall foster cooperation with third countries and competent international organizations in the sphere of public health.{80} Member States shall be responsible for the organization and the delivery of healthcare. Member States shall facilitate development and functioning of a network connecting the national authorities responsible for health technology assessment.{81}

Wilbacher I Result Card LEG8 In: Wilbacher I Legal aspects In: Jefferson T, Cerbo M, Vicari N [eds.]. Fecal Immunochemical Test (FIT ) versus guaiac-based fecal occult blood test (FOBT) for colorectal cancer screening [Core HTA], Agenas - Agenzia nazionale per i servizi sanitari regionali; 2014. [cited 7 February 2023]. Available from: