Transitioning from MSEC to expert teams: the government has issued a new decree.
On November 15, the Cabinet of Ministers approved a resolution that regulates the dissolution of medical and social expert commissions (MSEC) and the transfer of their powers to expert teams for assessing functionality. This was announced by Health Minister Viktor Lyashko during a telethon, as reported by UNN.
The resolution establishes:
- the provisions for expert groups evaluating daily functioning;
- the procedure for assessing an individual's daily functioning;
- criteria for referring individuals for daily functioning assessments;
- the operation of an electronic system for assessing daily functioning;
- criteria for establishing disability.
According to the resolution, starting January 1, 2025, assessments conducted for establishing disability will be carried out by expert teams evaluating daily functioning. These teams may include doctors or rehabilitation specialists authorized to conduct such assessments.
Assessments of daily functioning will be organized in cluster and super-cluster healthcare institutions.
The document also stipulates that assessments will be conducted using an electronic system.
"The powers, rights, and responsibilities of the medical and social expert commissions for conducting medical and social expertise, as well as those of the Central Medical and Social Expert Commission of the Ministry of Health, will cease on December 31, 2024," the resolution states.
Following the dissolution of the MSEC, any pending referrals that have not been completed by the time the commissions' powers end will be discontinued.
Furthermore, if the resolution is adopted by the government before December 25, the MSEC will not begin reviewing referrals for medical and social expertise until December 31. These referrals are being prepared for submission to the appropriate healthcare institution.
The Cabinet will also recommend that the National Agency for Corruption Prevention (NAPC) amend the list of positions with high and increased corruption risks to include doctors and rehabilitation specialists who previously served as members of the MSEC and will work as part of expert teams.
The procedure for assessing daily functioning
According to the resolution, changes are planned for the procedure of assessing daily functioning. Specifically, the assessment of individuals referred to the expert commission due to long-term temporary disability aims to determine the need for extending the temporary disability or establishing disability.
The assessment will be conducted in a healthcare institution where a list of doctors and rehabilitation specialists authorized to perform assessments is approved. This list will be coordinated with the Ministry of Health.
Evaluations will be carried out by expert teams, with the composition of these teams formed individually for each case.
These commissions will include doctors who:
- practice medicine or provide rehabilitation assistance in the healthcare sector;
- meet other requirements established by law.
"Assessments of current or former servicemen of the Security Service of Ukraine or intelligence agencies will be conducted by the Center for Assessing the Functional State of Individuals," the resolution states.
Doctors and rehabilitation specialists who:
- have held positions as chairpersons of medical and social expert commissions;
- have committed corruption or corruption-related offenses;
- have a criminal record for any intentional criminal offense, regardless of whether the record has been expunged or pardoned.
Lyashko announced the first dismissals of MSEC officialsOctober 23, 2024, 03:56 • 116148 views
Information about doctors and rehabilitation specialists authorized to conduct assessments will be published on the official website of the respective healthcare institution.
A doctor who referred an individual for assessment cannot be part of the expert team, although they may be present at the request of the patient.
Assessments will be conducted based on an electronic referral generated by:
- the treating physician after necessary diagnostic, therapeutic, and rehabilitation procedures;
- the chairman of the military medical commission.
If there is no technical possibility to use the electronic system, referrals will be made using paper documents.
It is noted that certain patient cases will be sent to various hospitals. In particular, cases involving patients suffering from tuberculosis will be referred to expert teams established at regional phthisiopulmonology centers/super-cluster healthcare institutions focusing on phthisiopulmonology.
Cases of patients with mental and behavioral disorders will be sent to expert teams created at super-cluster healthcare institutions specializing in psychiatry.
Cases of patients with neoplasms will be referred to expert teams formed at super-cluster healthcare institutions focused on oncology.
"The electronic referral is generated and sent to the healthcare institution conducting the assessment, considering its workload and the preferences of the individual for whom the referral is created, regarding territorial accessibility and geographical location, using the electronic system's functionality," the document states.
The electronic referral must include the following information:
- information about the individual being referred for assessment (last name, first name, patronymic; gender; identification code; date of birth; address of residence; information on the presence or absence of a disability; phone number);
- medical history;
- the individual's condition at the time of referral for assessment;
- diagnosis at the time of referral for assessment; basis for referral for assessment;
- information about the referring doctor.
Copies of the following documents must be attached to the electronic referral:
- passport and identification code;
- military ID or temporary military service certificate, or enlistment certificate;
- medical documents concerning the disease or health condition for which the individual is referred for assessment.
Reviewing electronic referrals
Upon receiving the electronic referral, the healthcare institution will be reviewed by an administrator. The healthcare institution may authorize several individuals to perform the administrator's functions.
After receiving the referral, the administrator checks it for completeness of the provided information; determines the necessary list of doctor specialties and/or rehabilitation specialists for the expert team, and establishes the possible form of review by the expert team - in person, remotely, using telemedicine methods, or at the location/treatment facility of the individual.
Once the administrator accepts the electronic referral for review, the information about the form, date, and time of the review will be sent to the individual via email (if available) and will also be displayed in the electronic system for the referring doctor.
In the electronic system, the doctor will not see the composition of the expert team.
The administrator may return the referral if there are errors in the information, if necessary documents are missing, or if the quality of the document copies is poor, making it impossible to review them.
Procedure for conducting assessments
Until the day of the case review, expert team members do not have access to the case in the electronic system. The individual referred for assessment does not have access to the personal composition of the expert team conducting the assessment.
The case review must be conducted no later than 30 calendar days from the date of the electronic referral. Decisions are made by the expert team on the day of the case review, except in cases where additional examinations are necessary.
During the review, expert team members examine all provided documents as well as relevant medical records confirming the individual's health status, which are contained in the electronic healthcare system.
Decisions are made collectively by a majority of votes from the expert team members. In the event of a tie, the vote of the presiding member on the case is decisive.
The review conducted by the expert team is recorded in the appropriate protocol, which is signed electronically by each team member using a qualified electronic signature.
The expert team's review protocol must contain the following information: