Law of Ukraine
"On Amendments to Certain Laws of Ukraine Relating to Certain Issues of Medical and Social Assessment"
Date of entry into force:
August 2, 2014
The Fundamentals of the Legislation of Ukraine on Health Care determine the legal, organizational, economic and social fundamentals of health care in Ukraine, regulate social relations in that sphere in order to ensure harmonious physical and spiritual development, high working capacity, long active life, and to eliminate factors that have a negative influence on human health, prevent and decrease morbidity, disability and mortality, and improve heredity.
According to the Law, Article 69 of the Fundamentals of the Legislation of Ukraine on Health Care determines the principles of medical and social assessment of loss of labor capacity and persistent disruption of body functions.
The Law presents a new version of Article 69, parts 3 and 4 of the Fundamentals of the Legislation of Ukraine on Health Care, which establish, respectively, the following:
- medical assessment of temporary loss of labor capacity shall establish whether it is necessary to issue a medical certificate of sickness or another document confirming temporary loss of labor capacity due to illness, injury, pregnancy and labor, caring for an ill family member or ill child, a quarantine established by a sanitary-epidemiological service, prosthetic care, or health resort treatment; determine the necessity and the term of a temporary transfer of the employee to another job due to an illness; and makes the decision to direct them to a medical and social expert commission, in order to determine the presence and degree of a persistent disruption of body functions, the reasons, time of onset, and degree of disability;
- assessment of persistent disruption of body functions is conducted by medical and social expert commissions that establish the degree and reasons of disability, and create (adjust) an individual rehabilitation program of a disabled person, in which rehabilitation measures are determined according to the Law of Ukraine "On Rehabilitation of Disabled Persons in Ukraine".
The Law amends Article 69 of the Fundamentals of Legislation of Ukraine on Health Care to exclude part 5, according to which conclusions of medical and social assessment bodies about the conditions and nature of work of disabled persons are mandatory for the owners and administration of companies, institutions and organizations.
The Law supplements Article 69 of the Fundamentals of Legislation of Ukraine on Health Care with a new part, according to which the individual rehabilitation program of a disabled person is mandatory for executive authorities, bodies of local self-government, rehabilitation institutions, companies, institutions and organizations in which the disabled person is working or staying, regardless of their departmental subordination, type or form of ownership.
The Law also supplements Article 7 of the Law of Ukraine "On Rehabilitation of Disabled Persons in Ukraine" with two new parts that envisage the following:
- persons who apply for disability status caused by anatomical defects or other irreversible disruptions of organ and system functions, are granted disability status of appropriate degree without scheduling a subsequent examination. Re-examination in order to increase the disability status degree is carried out based on personal application of the disabled person or their legal representative, in case of any changes in the state of health or legal capacity of the disabled person, or by a court ruling;
- the procedure for re-examination in order to increase the disability status degree, and the exhaustive list of anatomical defects, other irreversible disruptions of organ and system functions, and diseases for which disability status of appropriate degree is granted without scheduling a subsequent examination, are approved by the Cabinet of Ministers of Ukraine.