Last updated more than 5 years ago
Who is concerned
The National Health Mediation and Information Service may be consulted for informational purposes, or may be appealed to by:
- any patient;
- any person representing the patient in the exercise of their rights (an appointed person of trust, parents of children or a legal guardian);
- any person who, in the event of a patient's death, is entitled to access the patient's file and health data (spouse not legally separated, adult children, beneficiaries of the patient, a legal partner, a person living as a civil partner with the patient at the time of death);
- any healthcare provider.
Should mediation proceedings be initiated, the patient may be assisted in the process by a support person, who may or may not be a healthcare professional.
CostsUse of the services provided by the National Health Mediation and Information Service is completely free.
How to proceed
Informing patients and healthcare providers
One of the roles of the National Health Mediation and Information Service is to serve as a source of information for patients and care providers.
As such, anyone may seek information from them on the rights and obligations in matters of healthcare (freedom to choose providers, right to an updated and accessible patient file, etc.).
The Service also provides general information about the Luxembourgish healthcare system, in particular the structure of the healthcare system and the providers authorised to practice in Luxembourg.
The Service also serves as a national point of contact for cross-border healthcare, and works in close cooperation with the National Health Fund (Caisse nationale de santé), which is in charge of providing reimbursement for cross-border care.
Lastly, anyone may obtain information from the National Health Mediation and Information Service on the process of mediation between patients (or their survivors) and healthcare providers, in the event of disputes.
Mediation can only be successful if both parties act in good faith to find an amicable solution to their disagreements.
The goal of the mediator is to foster communication between the patient and healthcare provider, and to help them independently find a solution to their conflict.
Appealing to the Service
The applicant may appeal to the mediator, either verbally or in writing, in one of the 3 official languages of Luxembourg (French, German or Luxembourgish).
With the written approval of the patient or their representative, the National Health Mediation and Information Service is entitled to access all of the medical information in the patient's file, and may also contact social security institutions or other administrations for additional information.
Once a complaint has been received, and with the consent of the parties, the mediator will begin the mediation process.
Before accepting the mediation assignment, the mediator may organise an informal meeting between the parties, without their legal counsels. Once the assignment has been accepted, the parties may be represented by their counsels for the remainder of the procedure.
If necessary, the service may visit the parties to the mediation.
The mediator may be assisted by an expert, with the consent of the parties.
The insurer of one of the parties may take part in the mediation procedure. If one of the parties to the dispute is likely to be held liable, compensation or a promise of compensation by the insured without the consent of the insurer will have no effect with respect to said insurer.
Signing of the agreement
Once full or partial agreement has been achieved, a document is dated and signed by all parties. This document includes the specific commitments made by each of the parties.
The mediator, their employees and the parties to a mediation are required to respect the confidentiality of the mediation.
The file must therefore remain confidential.