After weeks of speculation regarding recent changes to residency requirements and state health cover for early retired Europeans in France, the Health Minster today announced several concessions for those affected.

http://www.securite-sociale.fr/comprendre/europe/europe/cmu_inactifs.htm

In September this year, the government had issued a statement which effectively brought to an end, the right for all non-French EU citizens to contribute to and benefit from the state healthcare system (CMU). They had cited European Directive 2004/38EC which had been implemented "to codify and review the existing Community instruments dealing separately with workers, self-employed persons, as well as students and other inactive persons in order to simplify and strengthen the right of free movement and residence of all Union citizens."

The directive states, in Article 7 that early retired citizens moving amongst member states must 'have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State'. This article has been interpreted by the French government, to mean that that insurance must be private, and they have used the legislation to force "inactive" Union citizens (under state retirement age) to take out private health insurance in order to gain legal residence in the country.

This left thousands of Britons, amongst others, in an untenable position. They had moved to France on the understanding that they would be able, on payment of 8% of their worldwide income, to join the state healthcare system, once their cover from the UK (via the form E106" which last for up to 2.5 years) expired. Suddenly they were being told that they were no longer welcome in the country in which they had invested " in both financial and emotional terms - and that without private health cover, they would have to return to the UK or face becoming illegal aliens in the Europe they had embraced. It was a particular tragedy for those who had chronic illnesses or were undergoing treatment for serious conditions, as it quickly became apparent that no private company would insure them.

But today, after months of uncertainty, the French authorities have finally made it clear that they have begun to recognise the humanitarian and legal consequences of the rules as they had been interpreted up until now. The more positive changes to the statement include:

• All those currently affiliated to the CMU will be allowed to continue to contribute to, and benefit from it.
• All those who have lived legally in France for 5 years will be allowed to join the CMU, and will enjoy all the same benefits as their French counterparts in the same position.
• Those who have chronic or pre existing conditions which prevent them from obtaining private health insurance, may appeal for entry into the CMU
  

Furthermore, the British Embassy in Paris has stated that it is still negotiating with the French ministry, to provide at least short term hope for the estimated 3,000 plus people whose E106 cover is due to expire on 6th January 2008, whose ability to obtain health cover has been severely compromised, not least by the length of time it has taken for the rules to be clarified.

Said Deborah Dudley, a spokesperson for French Health Issues, the lobby group set up to fight against these measures: "Today's statement will mean that thousands of people will sleep better tonight than they have done for months, but for others the future remains bleak. It is still not clear how those who rely on regular medication and treatment " such as people suffering from diabetes, hypertension, asthma and the like, will be treated under the new rules; nor, those who are about to have surgery and major operations for life-threatening conditions. They face an uncertain future until this is fully resolved. There appears to be some hope for them, but the details are still vague and with around just ten working days to go before their E106s expire, this is still not good enough.

"The European legislation is also clear in that member states must publicise any changes to laws which could affect Union members, in good time, and through the proper channels. Clearly, an announcement made on 14th December, which begins to take effect on 6th January, contravenes this law, if nothing else.

"We also continue to contest the validity of the way in which the French authorities interpreted the legislation in the first place. The rule being used to introduce these changes, only specifies the necessity for "comprehensive sickness insurance." We still believe that it is possible to comply with this by contributing to the French state system.

"We are therefore committed to continue our fight, until there is justice, in healthcare terms, for all citizens throughout the union, which was surely the spirit of the legislation which is now being used in France to such negative effect."

© Deborah Dudley - French Health Issues

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