Chairperson: Luca Drole (IT)

Committee on the Environment, Public Health and Food Safety III (ENVI III)

Healthy people for a healthy society: With the EU4Health programme addressing the resilience of the healthcare system, how can the EU and its Member States use the benefits of e-health and telemedicine to improve access to healthcare and the effectiveness of health coverage?
Introduction to the topic
An ageing population, health workforce shortages, new infectious diseases: Europe’s health care systems are facing serious challenges, with health-related expenses projected to increase in the upcoming years. Despite the increasing resources being invested by national health systems, one out of every four Europeans do not have immediate access to primary care and several population groups have significant difficulties in accessing healthcare. eHealth and telemedicine solutions may help increase the effectiveness of healthcare, potentially saving hundreds of billions in costs across the EU and increasing the well-being of millions of citizens. Increased integration of ICT in the medical field could radically change the way healthcare is delivered, allowing for more patient-centred and evidence-based treatments. Furthermore, it could empower EU citizens by further granting them access and control over all their health data, while also fuelling research and innovation as large datasets get collected across multiple countries. Despite the vast potential of eHealth, according to the EU Task Force on eHealth, the medical sector is considered to be lagging at least 10 years behind when it comes to integrating IT in the field, with significant variations across Member States and regions. Further action at EU level is crucial to accelerate the meaningful use of digital solutions in public health and healthcare in Europe.
CORE CONCEPTS
  • eHealth: the tools and services that use information and communication technologies (ICTs) to improve prevention, diagnosis, treatment, management of health-related issues, and to monitor and manage lifestyle habits that impact health.

  • mHealth: the term describes medical and public health practice supported by mobile devices, such as mobile phones, patient monitoring devices, sensors, and other wireless devices.

  • Telemedicine: the provision of healthcare services where traditional face-to-face, patient-doctor, or doctor-doctor interaction is replaced by over-distance interaction through the use of ICT. It should be noted that there is not yet a commonly accepted definition. Some include the concepts of long-distance diagnostic, monitoring, and prevention.

  • Wearables: miniature body-borne computational and sensory devices. Wearable computers may be worn under, over, or in clothing, or may also be themselves clothes.

  • Electronic Health Records (EHR): A comprehensive medical record or similar documentation of the past and present physical and mental state of health of an individual in electronic form. EHRs can contain a patient’s medical history, diagnoses, medications, treatment plans, etc.

  • Big Data: the term refers to the study and the analysis of large datasets. Big data analytics can offer insights into trends and relationships within a certain dataset. For instance, today Big Data is being used in medicine to study diseases based on complex factors such as genetics or the environment.
KEY ACTORS
  • Member States: They have competence over national health policies and health systems. In practice, all health systems in the EU aim to provide nearly universal population coverage, with the range of benefits varying across Member States. In some countries, healthcare systems’ organisation is a regional competence.

  • European Commission: Public health is a shared competence, meaning the EU complements national health policies by supporting local governments to achieve common objectives, pool resources, and overcome shared challenges; it provides EU-wide recommendations, standards, and projects. The European Commission also helps Member States in coordinating their policies and programs.

  • European Health and Digital Executive Agency (HADEA): It is in charge of implementing a variety of programmes, some in the domains of health, digital technologies, and networks.

  • EU4Digital Facility: In the field of eHealth it is developing eHealth harmonisation guidelines and platforms for the exchange of information and expertise on eHealth.

  • eHealth Stakeholder Group: It represents the health tech industry, patients, healthcare professionals, and the research community. It provides advice and expertise to the Commission on the topics concerning the digital transformation of health and care.


  • Patients: They are the end-users and data-generators for many digital health, mHealth, and wearables services and products. They generally show a positive attitude towards eHealth. Patients’ associations usually advocate for more control over health data, better accessibility, and more integration among different eHealth systems and solutions.
What is being done?
  • EU4Health: It is the fourth health Programme of the EU and it is an ambitious response to COVID-19. It will invest €5.3 billion and provide added value in order to improve health in the Union, protect people from serious cross-border threats to health, improve medical products and devices and strengthen health systems.

  • Communication on Digital Health and Care: The communication was issued by the European Commission in 2018, aiming to enhance the digitisation of the health and care sectors. It focuses on the pillars of secure access to health data, personalised medicine across the EU, and citizen empowerment.

  • Declaration on European Digital Rights and Principles: Presented by the European Commission in late January 2022, the Declaration aims to give everyone a clear reference point about the kind of digital transformation Europe promotes. It will also provide a guide for policy makers and companies when dealing with new technologies. It is yet to be approved by the European Parliament and Council.

  • eHealth Digital Service Infrastructure (eHDSI): An infrastructure that gives EU countries the possibility to securely exchange health data. It is currently limited to ePrescriptions and Patient Summaries and it is based on voluntary participation by Member States.

  • European Reference Networks: ERNs are virtual networks connecting healthcare professionals around Europe with expertise in rare diseases which allows them to discuss a patient’s diagnosis and care via an online IT platform. ERNs are a promising example of the potential applications of eHealth.
Legal Framework
  • Europe Medical Device Regulation: It defines what is regarded as a “medical device” and establishes a set of harmonised standards. It also covers software and high-risk apps that should be registered as medical devices. This does not include wellbeing apps for the wider public.

  • General Data Protection Regulation (GDPR): The GDPR covers the protection of natural persons with regard to the processing of personal data and the free movement of such data. Data collected for the purpose of health services cannot be further processed for commercial purposes unless explicit consent is given by the subject of the data. Processing is allowed for medical diagnosis and data is processed under the obligation of professional secrecy. According to EU law, individuals are the owners and controllers of their own health data.

  • Directive 2011/24/EU: the directive concerns patients’ rights in cross-border healthcare. It establishes the right to receive medical treatment (telemedicine included) in another Member State, to access one’s medical record, and to be informed about the availability, quality, and safety of any telemedicine service. A set of non-binding guidelines on the cross-border interchange of e-Prescriprions has been issued following the Directive.
Conflicts and challenges
Despite the favourable evidence towards the adoption of eHealth solutions, the progress so far has been slow, with several actors showing reluctance or facing hardships when employing new approaches and tools.

Medical professionals have raised doubts about Telemedicine, as they fear it might disrupt the traditional patient-doctor relationship. Furthermore, they often lack incentives to provide care via telemedicine solutions, with no clear supporting policy from social security providers. Most EU countries lack a precise legal framework to regulate telemedicine practises, with a lack of standards and guidelines for interoperability across the Union. Recently, Germany has taken the lead, establishing specific compensations for healthcare professionals performing eHealth-related tasks and paving the way for a broad usage and reimbursement of digital health applications.

Experts, such as mHealth-pioneer Eric Topol, hope that one day doctors will be able to safely prescribe medical-grade apps to patients. mHealth offers great possibilities when it comes to improving mindfulness of disease, adherence to medications, activities, data collection, and communication with and within care teams. However, other medical experts have lamented the scarcity of scientific evidence on the effectiveness of the mHealth apps currently available, expressing scepticism towards the quality of the data collected and produced by smartphones.

There are no binding rules in the EU concerning the delimitation between lifestyle and wellbeing apps and a medical device or an in vitro diagnostic medical device, which are subject to the safety standards of the Medical Devices Regulation and of the In-Vitro Medical Devices Regulation. Several studies have shown that often apps that make claims regarding health and well-being can give wrong, if not dangerous, insights. Some initiatives have been taken in this direction, such as the European Directory of Health Apps, which contains facts about 200 mHealth apps recommended by the European patient groups.

A key issue concerning the broad adoption of mHealth, lies in the fact that some national legislations still provide that a medical act can only be performed with the physical presence of both the patient and his doctor, preventing the reimbursement of more innovative solutions.

Furthermore, concerns have been raised about the appropriate processing of the data collected, which can happen in third countries outside the European Economic Area (EEA). Many popular health-related apps have been found to transmit data to some of the dominant data tracking companies. Privacy concerns have been found to be a major factor when it comes to user’s expectations for mHealth apps, with 45% of consumers being concerned about unwanted use of their data when using mobile devices for health-related activities, such as data being shared with employers or insurers. Many mHealth apps have been found to only comply partially to the GDPR requirements when it comes to health data.

In the context of mHealth, wearables can help for early disease detection along with all the other perks of mHealth solutions. Most of them are marketed as fitness devices, however, healthcare professionals have been found using them to support diagnoses, track trends, and motivate patients. Wearables generate significant amounts of data, which could boost healthcare research and innovation. However, researchers face many challenges when it comes to using them: they are usually collected in a fragmented way (each device usually collects data in its own portal), in different formats that are hard to share with doctors and care coordinators.
On the other hand, re-identification strategies could allow malicious actors to violate the privacy of subjects whose data is published in research papers containing their anonymised data.
The EU is currently supporting the upscaling of Electronic Health Records, aiming to make them interoperable and to give the possibility to exchange them between borders. It should be noted that there are significant differences among and within EU countries when it comes to EHR adoption and standardisation. Nowadays, safe cross-border exchange of patient data is limited to ePrescriptions and patient summaries and is available in very few EU countries. Patients have long demanded increased interoperability between their EHR and their own generated health data. According to many, this means that the fragmented landscape of patient-facing applications and sensors must be driven towards being more compatible with EHR data.

Despite what is stated by EU law, often individuals struggle to have control, ownership, and access to their health data: for instance, sometimes they can only access their EHR through a healthcare professional, they may lack internet access or they might not have the right to download the data. Some advocate for the patient’s right to edit or input their EHR; other debates have been centred around giving the possibility to patients to mask some sensitive data from health professionals or to withhold certain medical information. This could be especially relevant in some countries, where discrimination on the grounds of a health condition has been reported by patients, including discrimination and stigma coming from healthcare professionals.
On the other hand, some suggest it might be beneficial that health professionals retain the right to digitally withhold certain medical information from patients, for example, in order to ensure the patients’ diagnosis is delivered face to face.

Other concerns regard digital health literacy and acceptance, especially when it comes to older adults. The elderly are the population group that has the stronger need for more integrated care, yet they often lack basic digital skills. A low level of digital literacy is also often found in people living below the poverty line, a factor that might exacerbate existing inequalities.

As medicine and care step into the digital age, some reports advocate for better digital training to be provided to healthcare professionals as doctors are struggling to keep pace with the latest IT developments.
Food for thought
Envisioning the future of Digital Health in the European Union requires taking into account various perspectives, including ethics, economics, and science. Try to answer the following questions keeping this in mind:

  • What services should be accessible with telemedicine? Should medications be prescribed without an in-person visit?
  • Should doctors or other healthcare professionals receive specific remuneration for care activities outside of the classic consultation, such as requests of information by email, keeping in contact with patients through secure messaging apps, or reviewing wearable data coming from chronic patients?
  • How could the efficacy and safety of mHealth solutions and recommendations be verified?
  • Should apps that make health-related claims be approved in a similar way pharmaceuticals do, through evidence-based clinical trials? Or should the market be left unregulated in order to allow for faster innovation?
  • Some experts believe data from wearables and mHealth needs to be freely available to researchers. Should the EU support this position?
  • Should patients be able to edit or comment on their EHR? Should healthcare professionals be able to withhold information regarding the patient on their EHR? On the other hand, should patients be able to hide sensitive data in their EHR?
  • How can better access to health data be ensured among the elderly and those who lack digital skills?
Key Reading
1
It outlines the action and the priorities of the EU action, underlining some key issues.
2
Published in 2018, it gives a useful overview of the status and challenges of mHealth.
3
Published by the European Patients Forum, it provides independent opinions and analysis on a variety of topics.
Further research
1
introduction to the patient-centred approach to medicine, opportunities offered by mobile technology.
2
report on the state and perspective on eHealth literacy. Includes policy suggestions.
3
brief paper highlighting the key ethical issues of Digital Health. Useful read to get a general idea of the main aspects of the topic.
4
can provide insights about potential policies and key issues. See also this article for a shorter overview.
5
up-to-date recommendations on EHRs, interoperability, data use. Includes policy suggestions. See here for the outcome of the public consultations of the European Health Data Space.
6
academic paper calling for improved self-regulatory action by app stores concerning mHealth apps, tackling the general inadequate compliance to the GDPR.
7
article outlining the status of Telemedicine in Europe, insights  on the differences among Member States.
8
some general perspectives on wearable technology.
9
on the clinical use of health wearables. Please note that some wearables and mHealth apps can already be prescribed in Germany.
10
the ERNs are considered still not to be functioning in an optimal way. Includes 
11
factsheet by the European Commission, useful summary of some general aspects of the topic.
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