Can I use Spain's public healthcare as a foreign resident?
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Spanish law gives publicly funded healthcare to foreigners with legal and habitual residence in Spain who are not obliged to prove compulsory health cover another way. Social Security guidance says the INSS recognises the right and workers, pensioners and benefit recipients need not apply. With the recognition you request a health card at your health centre.
Key facts
| What | The source says | Source |
|---|---|---|
| Who holds the right | Spanish nationals and foreigners who have established their residence in Spain | Ley 16/2003, art. 3.1 |
| Condition for publicly funded care (foreigners) | Legal and habitual residence in Spain, and no obligation to prove compulsory health cover by another route | Ley 16/2003, art. 3.2.c |
| EU rules and bilateral agreements | People covered by them get care in Spain in the form and conditions those rules set | Ley 16/2003, art. 3.1 |
| If you don’t qualify | You can get care by paying a fee under a convenio especial | Ley 16/2003, art. 3.3 |
| Who recognises the right | The law: the Ministry of Health, with the collaboration of the public bodies needed to check the conditions. Social Security guidance: the National Social Security Institute (INSS), or the Instituto Social de la Marina | Ley 16/2003, art. 3 bis.1; Seguridad Social procedure page |
| Who doesn’t need to apply | Workers, pensioners and people receiving Social Security benefits | Seguridad Social procedure page |
| How to apply | Social Security e-office (digital certificate or Cl@ve permanente), the online forms service tramites.seg-social.es, or a CAISS office by appointment | Seguridad Social procedure page |
| Health card | Requested at your health centre with the recognition document | Ley 16/2003, art. 3 bis.2; Seguridad Social procedure page |
What the law says
Ley 16/2003 makes every Spanish national and every foreigner who has established residence in Spain a holder of the right to health protection and healthcare (art. 3.1). For that care to be paid from public funds, a foreigner must have legal and habitual residence in Spain and must not be obliged to prove compulsory health cover by another route (art. 3.2.c).
People entitled to care in Spain under the EU social security coordination regulations or a bilateral agreement that includes healthcare get it in the form, scope and conditions those rules set, whether they live in Spain or are visiting (art. 3.1).
Anyone who does not qualify for publicly funded care can still get it by paying under a convenio especial, a paid agreement with the public health system (art. 3.3).
How you get it
The law gives the recognition and control of the right to the Ministry of Health, working with the public bodies needed to check the conditions (art. 3 bis.1). The Social Security guidance says the INSS, or the Instituto Social de la Marina, has competence to recognise the right, and that residents can apply online through the Social Security e-office with a digital certificate or Cl@ve permanente, through the online forms service if they have no electronic ID, or at a Social Security service centre (CAISS) with an appointment. Workers, pensioners and people receiving Social Security benefits do not need to apply.
Once the right is recognised, the competent health administrations make it effective by issuing an individual health card (art. 3 bis.2). The guidance says you take the recognition document to your health centre, which arranges the card for you and each beneficiary and sends it to your home.
The right ends when you no longer meet the conditions, according to the same guidance.
Related questions
- What it costs to join the public system with a convenio especial: €60 a month under 65 and €157 from 65, as set in 2013 (Real Decreto 576/2013, art. 6).
Sources
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