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Tarjeta Sanitaría..new rules?

Tarjeta Sanitaría..new rules?

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Old Oct 24th 2011, 3:49 pm
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Default Tarjeta Sanitaría..new rules?

I read an article in Sur about Axarquía Hospital. I quote here the para which says the health card is now only valid for 3 months in a year and surgery only for emergencies. said this is to prevent health tourism. I knew many ex-pats who used it even though they are resident!

.......... explica que desde mayo del año pasado se están imponiendo una serie de restricciones para el uso y disfrute de las prestaciones sanitarias para estos residentes foráneos. «Las tarjetas de salud ya solo son válidas para tres meses al año y las intervenciones quirúrgicas ya solo se hacen si son por Urgencias, porque se estaba produciendo un fenómeno de auténtico 'turismo sanitario', la gente venía aquí de vacaciones para operarse. Esto era una barbaridad y la Unión Europea y el Gobierno de España están intentando ponerle freno a esta situación», dice.
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Old Oct 24th 2011, 3:58 pm
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Default Re: Tarjeta Sanitaría..new rules?

Originally Posted by jackytoo
I read an article in Sur about Axarquía Hospital. I quote here the para which says the health card is now only valid for 3 months in a year and surgery only for emergencies. said this is to prevent health tourism. I knew many ex-pats who used it even though they are resident!

.......... explica que desde mayo del año pasado se están imponiendo una serie de restricciones para el uso y disfrute de las prestaciones sanitarias para estos residentes foráneos. «Las tarjetas de salud ya solo son válidas para tres meses al año y las intervenciones quirúrgicas ya solo se hacen si son por Urgencias, porque se estaba produciendo un fenómeno de auténtico 'turismo sanitario', la gente venía aquí de vacaciones para operarse. Esto era una barbaridad y la Unión Europea y el Gobierno de España están intentando ponerle freno a esta situación», dice.
are they talking about the actual tarjeta sanitaria or the EHIC card??

surely if you ('legally' for want of a better word) have a TS then you (or the UK govt in the case of pensioners & others with an S1) are paying for it & you have the right to full access to the health service?

some areas were handing out TS cards to people with an EHIC - but of course they shouldn't have been doing so - so if you had one on that basis then a) you shouldn't have had it in the first place so b) the measures you quote are only right & proper
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Old Oct 24th 2011, 4:09 pm
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Default Re: Tarjeta Sanitaría..new rules?

I think they are talking about the EHIC as they call it the "Tarjeta sanitaría de Europea" in the full text

Last edited by jackytoo; Oct 24th 2011 at 4:14 pm.
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Old Oct 24th 2011, 4:18 pm
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Default Re: Tarjeta Sanitaría..new rules?

Originally Posted by jackytoo
I think they are talking about the EHIC as they call it the "Tarjeta sanitaría de Europea" in the full text
Yes, the TSE is the Spanish term for the EHIC, it's what I have for when I go back to the UK for a visit.
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Old Oct 24th 2011, 4:20 pm
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Default Re: Tarjeta Sanitaría..new rules?

I didn't say if it was right or wrong, personally I don't give a toss but posted it for info'. Sure it will affect many as I know a lot with second homes who spend more than 3 months per year there even though not resident.
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Old Oct 24th 2011, 4:24 pm
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Default Re: Tarjeta Sanitaría..new rules?

Well, that's fair... if you are not a resident then you are supposed to be a visitor for 3 months top, aren't you? Good of you to post this.

I know several British people who have abused the system, as they are "health tourists" and they are even proud of it. If you are a resident obviously you have the right to access the Spanish health system... or do you consider yours such a terrible one?
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Old Oct 24th 2011, 5:10 pm
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Default Re: Tarjeta Sanitaría..new rules?

The EHIC (or TSE) card is only valid for emergency treatment.

For example (as was my case), you slipped a disc. Using the EHIC the hospital would jab you in the backside, multiple times for pain muscle relaxant and inflammation, and then expect you to 'go home' for the real treatment which might involve surgery.

Yes, there are those who are using the cards incorrectly, but they will get found out and may even receive a bill from England!
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Old Oct 24th 2011, 7:00 pm
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Default Re: Tarjeta Sanitaría..new rules?

Originally Posted by evamar
Well, that's fair... if you are not a resident then you are supposed to be a visitor for 3 months top, aren't you? Good of you to post this.

I know several British people who have abused the system, as they are "health tourists" and they are even proud of it. If you are a resident obviously you have the right to access the Spanish health system... or do you consider yours such a terrible one?
no - as EU citizens we can stay here as long as we like as tourists - although we are supposed to register as residents after 90 days, which is probably where this ruling comes in

Originally Posted by jackytoo
I didn't say if it was right or wrong, personally I don't give a toss but posted it for info'. Sure it will affect many as I know a lot with second homes who spend more than 3 months per year there even though not resident.
exactly - although we all know people who have abused the EHIC when actually resident here - where does that leave those who come here for several months a year? Surely they shouldn't have to register as resident/unregister/re-register ad infinitum just because they come for more than 90 days at a time??
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Old Oct 24th 2011, 9:33 pm
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Default Re: Tarjeta Sanitaría..new rules?

Originally Posted by lynnxa
no - as EU citizens we can stay here as long as we like as tourists - although we are supposed to register as residents after 90 days, which is probably where this ruling comes in
Let's get this quite clear. EU rules allow free movement but you can only stay in one EU state for a maximum of 90 consecutive days as a tourist.

After that you must either leave or conform to whatever rules that state chooses to impose within the rules issued by the EU. In Spain the only requirement is that you sign onto the register of EU foreigners at the nearest national police station or foreigners office.

Under EU law Spain is allowed to insist that you prove that you have sufficient income to live in Spain without support from the state and that you have sufficient private medical cover (or are covered by your own country under a reciprocal agreement) to not be a burden on the state's health service.

As I have stated, the only requirement in Spain is to sign on the foreigners list - it could be a lot worse!

Having done all that does not make you a resident in the normal sense, just that you are no longer a tourist as defined by the EU.

The only true legal residential status is when you become fiscally resident after spending 183 days in the country and consequently become liable to pay income tax. If you fall between the 90 day rule and the 183 day rule you aren't a tourist but neither are you a true resident! It is an unsatisfactory and confusing situation particularly for the many expats who have holiday homes in Spain and spend more than 90 days but less than 183 days in Spain.

The certificate you get when you register as an EU foreigner merely gives you the right to stay in Spain for more than 90 days - it does not confer fiscal residency.

Last edited by Fred James; Oct 24th 2011 at 9:36 pm.
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Old Oct 25th 2011, 4:38 am
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Default Re: Tarjeta Sanitaría..new rules?

Originally Posted by Fred James
Let's get this quite clear. EU rules allow free movement but you can only stay in one EU state for a maximum of 90 consecutive days as a tourist.

After that you must either leave or conform to whatever rules that state chooses to impose within the rules issued by the EU. In Spain the only requirement is that you sign onto the register of EU foreigners at the nearest national police station or foreigners office.

Under EU law Spain is allowed to insist that you prove that you have sufficient income to live in Spain without support from the state and that you have sufficient private medical cover (or are covered by your own country under a reciprocal agreement) to not be a burden on the state's health service.

As I have stated, the only requirement in Spain is to sign on the foreigners list - it could be a lot worse!

Having done all that does not make you a resident in the normal sense, just that you are no longer a tourist as defined by the EU.

The only true legal residential status is when you become fiscally resident after spending 183 days in the country and consequently become liable to pay income tax. If you fall between the 90 day rule and the 183 day rule you aren't a tourist but neither are you a true resident! It is an unsatisfactory and confusing situation particularly for the many expats who have holiday homes in Spain and spend more than 90 days but less than 183 days in Spain.

The certificate you get when you register as an EU foreigner merely gives you the right to stay in Spain for more than 90 days - it does not confer fiscal residency.
OK - I stand corrected about the 90 days.................. but if you have a holiday home here as many pensioners do - & come for 4 months say, over the winter - again as many pensioners do - once they sign the residents list after the 90 days they can't use their EHIC & have to use the S1 to kickstart the reciprocal agreement & get a tarjeta sanitaria

obviously if you know you are staying more than 90 days it makes sense to start the process before you come - but once you apply for the S1 they take you off all lists in the UK - at least that's what Newcastle told me when I applied for my dad's - so you'd have to re-register back in the UK when you return - so although the act of signing the residents list doesn't mean much - applying for the S1 effectively makes you non-resident in the UK as far as health care is concerned

surely there should be an easier way

what if you came for 2 months & went back for a month then came back here - needing to use your EHIC on each visit - the computer might think you'd been here more than 3 months even if you hadn't
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Old Oct 25th 2011, 7:01 am
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Default Re: Tarjeta Sanitaría..new rules?

Originally Posted by lynnxa
surely there should be an easier way
There is. Take out adequate travel insurance! That's the recommendation from the British Embassy.
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Old Oct 25th 2011, 7:06 am
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Default Re: Tarjeta Sanitaría..new rules?

Originally Posted by Fred James
There is. Take out adequate travel insurance! That's the recommendation from the British Embassy.
hardly fair though - if you are entitled to use your EHIC for your hols
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Old Oct 25th 2011, 7:24 am
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Default Re: Tarjeta Sanitaría..new rules?

Originally Posted by lynnxa
but once you apply for the S1 they take you off all lists in the UK - at least that's what Newcastle told me when I applied for my dad's
Well amazingly it seems they dont.
After 5 years here in Spain I found I was still fully registered with my old doctor back in the UK and would have been quite able to get health care there had I decided to. The key point here it seems that I never went to the doctor myself, told him I was leaving, and asked for my records.

As regards the EHIC, I do know of a couple that come out to Spain to holiday every 6 weeks or so, so it would affect them by the sounds of it
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Old Oct 25th 2011, 7:29 am
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Default Re: Tarjeta Sanitaría..new rules?

Originally Posted by lynnxa
hardly fair though - if you are entitled to use your EHIC for your hols
Of course the EHIC doesn't cover every contingency which is why insurance is recommended.

I guess it comes what is considered to be a "Holiday". Spending 6 months away in your second home could be considered more as temporary emigration!

Even the EU only allow you to spend 90 days in one place as a tourist so perhaps this why they are restricting the use of the EHIC.
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Old Oct 25th 2011, 7:34 am
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Default Re: Tarjeta Sanitaría..new rules?

Originally Posted by Mitzyboy
Well amazingly it seems they dont.
After 5 years here in Spain I found I was still fully registered with my old doctor back in the UK and would have been quite able to get health care there had I decided to. The key point here it seems that I never went to the doctor myself, told him I was leaving, and asked for my records.

As regards the EHIC, I do know of a couple that come out to Spain to holiday every 6 weeks or so, so it would affect them by the sounds of it
That was the same when I left the UK. There was, at that time, no tie up between the DSS and the regional health authority so no one told them you had left. It might have changed now though.

As for the people you mention who come out regularly for a few weeks it is that sort of trip that the EHIC is meant to cover. I can't see it being a problem as no one has any records any more of whether you have been in the country or not so I can't see how they can challenge your use of the EHIC unless it is clear you have been abusing it by having loads of visits to the hospital etc.
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