Management, recognition of entitlement and control
- Since the entry into force of Royal Decree-Law 7/2018, of 27 July, on universal access to the National Health System, on 1 August 2018, the recognition and control of the right to health protection and health care at public expense is the responsibility of the Ministry of Health, with the collaboration of the National Social Security Institute and the Social Marine Institute (ISM) as essential entities to verify the concurrence of the requirements.
However, until such time as the form of this collaboration is determined by regulation, the procedures in force and the databases existing prior to its entry into force are maintained, so that, to date, the procedure of prior verification of requirements and subsequent recognition of entitlement by the National Social Security Institute and the Social Marine Institute, in their respective areas of management, is maintained, with this information being recorded in the Health Insurance Database managed by the National Social Security Institute.
In cases of medical assistance for foreigners who are not registered or authorised as residents in Spain, applicants for international protection, victims of human trafficking in a period of recovery and reflection, as well as subscribers to the special agreement regulated in Royal Decree 576/2013, of 26 July, the Autonomous Regions (Public Health Services) are responsible for recognising the right to medical assistance.
- Once the right to health protection and health care at public expense has been recognised, it shall be enforced by the competent health administrations, which shall facilitate citizens' access to medical assistance services by issuing the individual health card.
- The competent bodies for aliens may communicate to the Ministry of Health and to the National Social Security Institute or to the Social Marine Institute, without the consent of the person concerned, the data that are essential for carrying out the necessary verification of the recognition and control of the right to health protection and health care at public expense.
- Likewise, the Ministry of Health, the National Social Security Institute or the Social Marine Institute may process the data contained in the files of the managing bodies, common services and bodies of the competent public administrations that are essential for verifying the recognition and control of the aforementioned right. The aforementioned transfer of such data shall not require the consent of the data subject.
- The Ministry of Health and the National Social Security Institute or the Social Marine Institute shall process the information referred to in the two preceding paragraphs for the purpose of communicating to the competent health administrations the data necessary to verify at all times that the conditions and requirements for the recognition of the right to health protection and health care at public expense are maintained, without requiring the consent of the interested party.
Any modification or variation that may be communicated by the Ministry of Health and the National Social Security Institute or the Social Marine Institute shall have the appropriate effects on the individual health card.