Health and long-term care benefits and the proposed revised coordination regulation: A brave new world or much ado about nothing?

Abstract

This article examines the implications of the proposed Revised Coordination Regulation for long-term care benefits. First, it explores what is meant by ‘long-term care’. This sets the debate around access to long-term care in the context of developments regarding the safeguarding of fundamental human rights for those with disabilities and increasing international concern regarding the human rights of older persons. Secondly, it charts the response at the EU level to calls for safeguards in long-term care. It contrasts this with the disparate approaches taken at the Member State level. Thirdly, it examines the development of CJEU jurisprudence in this area. Fourthly, it considers the proposals for amending Regulation 883/2004 and its inclusion of long-term care. It concludes by questioning the extent to which these proposed developments will provide a radical change of approach, one which may indeed impact on expectations of long-term care at the individual Member State level and asks whether the drafting of an approach taken in relation to the proposals suggests that, ultimately, this may be little more than ‘much ado about nothing’.