French Court rules on EU medical device reimbursement purchased abroad

On June 6, 2024, the Court of Cassation issued a decision concerning the refusal of the primary health insurance fund of Loiret to reimburse French patients for the purchase of a stroller and its accessories, adapted to their child's disability, from a website of a distributor established in Spain.

The health insurance fund contested the decision of the Orleans judicial court, which accepted the insured's appeal, arguing that the right to reimbursement of a medical device by health insurance is subject to the production of a care sheet containing the identifier of the provider who delivered it.

The Court of Cassation recalled that according to Articles 26, 34, 36, and 56 of the Treaty on the Functioning of the European Union, import restrictions and measures of equivalent effect are prohibited between Member States, except for reasons of health protection.

It also highlighted that according to Article R. 160-2, III, of the Social Security Code, care and medical devices purchased in another Member State of the European Union are reimbursed to insured persons under the same conditions as if they had been received or purchased in France, provided that their coverage is provided for by French regulations.

The Court concluded that the condition of registration in the national file of health professionals is not applicable to the provider of the medical device purchased in another Member State.

Finally, the Court noted that the insured produced a medical prescription for the purchase of a stroller adapted to his child's disability, as well as an invoice, and that this individual medical device is listed in the list established by Article L. 165-1 of the Social Security Code.

The decision of the Court of Cassation thus confirms the right of insured persons to be reimbursed for medical devices purchased in another Member State of the European Union, thereby reinforcing the freedom of movement of goods and services.