On November 18, President Volodymyr Zelenskyi signed a law on improving the procedures for medical and social examination (draft law 11225).
The law proposes that the Cabinet of Ministers determine the list of grounds on which MSEC meetings are held remotely, or external meetings of the MSEC are organized, or decisions of the MSEC are made in absentia.
However, on November 15, the Cabinet of Ministers adopted a resolution "On some issues of the introduction of assessment of daily functioning of a person", which defines a new procedure for the assessment and changes the process of medical and social examination. Yes, the examination regarding the establishment of disability will be conducted by expert teams.
What is provided by the signed law on MSEK
The work of the MSEK will not be regulated by law, but by the Cabinet of Ministers in the Regulation on medical and social expertise and other acts. For example, the Cabinet of Ministers will determine the procedure for appealing decisions of the MSEC, as well as the grounds and terms for depriving the head and members of the MSEC of membership in commissions of any level and the right to perform relevant functions.
At the same time, it is assumed that the law enters into force on the day following its publication, but the Cabinet of Ministers is given a month to adopt the relevant normative legal acts.
In ch. Article 1 of Article 3 of the Law "On the Basics of Social Protection of Persons with Disabilities in Ukraine" establishes that disability is determined through an expert examination by the medical and social examination bodies of the Ministry of Health.
The Law "On the Rehabilitation of Persons with Disabilities in Ukraine" establishes that medical and social expertise is the establishment of the degree of permanent limitation of life activities, the group of disabilities, the cause and time of their onset, as well as the finalization and approval of an individual rehabilitation program for a person with a disability (a child with a disability ) as part of a compensation strategy based on an individual rehabilitation plan (if available) and a comprehensive rehabilitation examination of a person with a disability life activities
It is also determined that the documents of a person with limitations of everyday functioning are sent for passing the MSEK in order to confirm a permanent limitation of life activity and establish the status of "person with a disability" or "child with a disability" in the event that the multidisciplinary rehabilitation team detects signs of a permanent limitation of life activity, which is noted in the individual rehabilitation the plan
Medical and social expertise is carried out by medical and social expert commissions of the first, second and other levels in accordance with the distribution determined by the Cabinet of Ministers. The decision of the MSEK with a motivational part (justification of such a decision) is given to the person.
The Cabinet of Ministers determines the maximum terms for making a decision based on the results of the MSEK.
The Cabinet of Ministers also determines the list of grounds for which meetings of the MSEC are held in a remote format, or away meetings of the MSEC are organized, or decisions of the MSEC are made in absentia.
It was established that MSEK:
- provide timely examination (reexamination) of adults with health disorders, persons with disabilities. In the event that the person applying for the establishment of disability cannot come for an examination (reexamination) to the health commission in accordance with the conclusion of the medical advisory commission, the examination (reexamination) is carried out at his place of residence (at home), including by place of residence in stationary institutions for elderly citizens and persons with disabilities, social protection institutions for homeless persons and centers for social adaptation of persons or in health care institutions, in which such a person is undergoing treatment;
- enter into the centralized data bank on disability issues information about persons who have passed a medical and social examination in accordance with the procedure determined by the Cabinet of Ministers.
It was also clarified that during the examination at the meeting of the MSEK, at the request of a person, his lawyer may be present, a legal representative or a representative by proxy, and/or a doctor or rehabilitation specialist in the field of health care, whose participation the person ensures independently. The application in an arbitrary form must contain the data of the lawyer, legal representative or representative by proxy, as well as the person's voluntary consent to the disclosure of his medical information.
A person, his lawyer, a legal representative or a representative by proxy has the right to independently video- and audio-record the meeting of the MSEK in relation to such a person using technical means. The record may be attached to the materials submitted in case of appeal against the decision. A person, his lawyer, a legal representative or a representative by proxy has the right to use his own technical means to photo-fix the documents formed by the MSEK as part of the consideration of the person's case. In case of disagreement with the decision of the first-level MSEC, a person has the right to submit a written complaint to the second-level MSEC within one month after receiving the conclusion.
The medical and social expert commission of the first level, which conducted the examination, within 3 days after receiving the relevant complaint, sends all available documents for review to the second-level MSEK, which, within one month from the date of submission of the specified documents, conducts a re-examination of the person and makes an appropriate decision.
The decision of the second-level MSEC can be appealed within one month to the body designated by the Ministry of Health.
The decision of the MSEC can be canceled as part of an appeal to the higher level of the MSEC.
Also, the decision of MSEK can be appealed to the court. At the same time, the procedure for appealing the decision of the MSEK is determined by the Regulation on medical and social expertise, which is approved by the Cabinet of Ministers.
The procedure, grounds and terms of depriving the chairman and members of the MSEK of membership in commissions of any level and the right to perform the relevant functions (conduct a medical and social examination) are determined by the Regulation on medical and social examination, which is again approved by the Cabinet of Ministers.
In ch. 4 of Article 23 of the Law "On Rehabilitation in the Field of Health Care" establishes that if the multidisciplinary rehabilitation team detects signs of permanent limitation of vital activity, which is indicated in the individual rehabilitation plan, the person is sent for an examination of permanent limitation of vital activity in order to confirm permanent limitation of vital activity and establishing the status of "person with a disability" or "child with a disability".
