Legislation in Romania (insurance-based system)
In theory, asylum seekers are eligible for the statutory health insurance if they are working or if they decide to take out the "facultative insurance". Nonetheless, inability to pay the contributions means that they can only enjoy the rights recognised by the Asylum legislation. This legislation entitles them to access free of charge: primary care, emergency care and treatment of very serious chronic diseases that can cause an imminent danger to life (HIV is normally included). Moreover, it provides that those having "special needs" will have "adequate medical assistance", however, the legislation does not give any more details. In addition to this, asylum seekers are also subject to the general legislation on health care and thus can also access free of charge treatment of potential epidemic diseases, ante and post natal care and family planning.
These general rules also apply to undocumented migrants as well as all other uninsured persons. In Romania, at least in theory, everybody is entitled to receive free care in the case of emergency, potential epidemic diseases, pregnancy or if they need family planning support. All other health care services are only provided on full payment basis. The only exception is the case of children under eighteen who, irrespective of legal status, are treated equally as national children.
Some undocumented migrants have “tolerated status” (authorisation to stay) due to the fact that they cannot be deported. Up to now, this status does not imply the recognition of any rights, however the authorities are currently considering the possibility of recognising their right to work and thus to being insured upon payment of the contributions.
Download the Comparative overview of the legislation on access to health care for undocumented migrants and asylum seekers in 16 countries (in English).
