1
A law on amendments to the Laws of Ukraine On the Fundamentals of Social Security for Individuals Living with Disabilities in Ukraine, On the Rehabilitation of Individuals Living with Disabilities in Ukraine has taken effect, which stipulates:
a) that disability shall be determined exclusively with the use of the adapted International Classification of Functioning, Disability and Health (5 percent);
b) that if a disability group has been assigned without justification, the individual shall have the disability status revoked along with the right to the relevant social aid and benefits (4 percent);
c) that the functions of issuing a relevant medical opinion on the determination of the disability group and social aid based on this opinion are segregated between government agencies as a way to minimize corruption risks (16 percent);
d) agencies issuing a medical opinion on the determination of the disability group and social aid are obligated to maintain electronic records while using the functional capabilities of the electronic healthcare system and other relevant software products (5 percent);
e) the procedure for maintaining electronic records while performing the functions of determining the degree of impairment of vital functions, the causes of disability, the time when it manifested itself, and the disability group, determining the compensatory and adaptive capabilities of the individual, preparing (adjusting) the individual rehabilitation program of the person living with a disability, determining the needs of individuals living with disabilities for technical and other means of rehabilitation, medical devices, and other social aid (5 percent);
f) the obligation of all healthcare institutions to enter into the electronic healthcare system by January 1, 2025, all of the archived electronic medical records pertaining to the assignment of a disability group based on original medical records according to the list prescribed by the Cabinet of Ministers of Ukraine, followed by the publication of all materials in a depersonalized format (5 percent);
g) the obligation to publish in a depersonalized format all materials of medical-social expert committees (entities that are performing or will be performing their functions) pertaining to the assignment or prolongation of the disability status (1 percent);
h) requirements with respect to the composition of bodies that perform the function of issuing a relevant medical opinion pertaining to the assignment of the disability group and social aid based on this opinion, the authorized officers of such bodies, in particular the qualification requirements, the procedure for selecting and appointing them, the term for which the members (authorized officers) are elected (appointed) to the bodies that perform the function of issuing a relevant medical opinion pertaining to the assignment of the disability group and social aid based on this opinion (5 percent);
i) a ban on serving as a member (authorized officer) of bodies that perform the function of issuing a relevant medical opinion pertaining to the assignment of the disability group and social aid based on this opinion for more than two consecutive terms from the date of appointment (election) (5 percent);
j) a ban on simultaneously serving as a member (authorized officer) of the body that performs the function of issuing a relevant medical opinion pertaining to the assignment of the disability group and the body that performs the function of granting social aid on the basis of this opinion (4 percent);
k) a ban on serving as a member (authorized officer) of bodies that perform the function of issuing a relevant medical opinion pertaining to the assignment of the disability group and social aid based on this opinion applicable to individuals in respect of whom there is a legally binding court verdict that imposed on them a criminal penalty for committing corruption or a corruption-related offense, a court ruling that relieves them of criminal liability or a court decision to hold them administratively liable for committing a corruption-related offense, where this ruling or decision has imposed a penalty in the form of disqualification from occupying specific positions or engaging in specific activities associated with the performance of functions of state or local self-government (5 percent);
l) a ban for next of kin (as defined by the Law of Ukraine On Prevention of Corruption) from serving as members (authorized officers) of one and the same body that performs the function of issuing a relevant medical opinion pertaining to the assignment of the disability group or social aid on the basis of this opinion (5 percent);
m) instances in which the person applying for disability status or having this status participates in the meeting of the body that performs the function of issuing a relevant medical opinion pertaining to the assignment of the disability group, during deliberation of the issue of issuing a medical opinion on the assignment of a disability group (2 percent);
n) the right of a person living with a disability to file an application with the body that performs the function of granting social aid on the basis of a medical opinion pertaining to the assignment of the disability group, irrespective of the location where the person resides or is undergoing treatment, with the option to have application reviewed remotely (2 percent);
o) the principles of transparency and openness in matters of determining the degree of impairment of vital functions and rehabilitation of individuals living with disabilities, including: the documenting of the proceedings of the body that performs the function of issuing a relevant medical opinion pertaining to the assignment of the disability group or social aid on the basis of this opinion using video and audio recordings (if this meeting is held in person), and establishing the minimum period of at least 10 years during which such records must be stored in a system protected against unauthorized deletion (1 percent).
i
2
The subsystem for granting disability status:
a) has been put into permanent (commercial) operation within the electronic healthcare system (3 percent);
b) has the functionality that generates and automatically publishes depersonalized records of the bodies that perform the function of issuing a relevant medical opinion pertaining to the assignment of the disability group and social aid based on this opinion, in electronic form (10 percent);
c) fully interacts with the central database of the electronic healthcare system and other state registers and databases in real-time mode in the “request-response” format (3 percent);
d) has the functionality of automatic initiation of procedures to issue a medical opinion determining the disability group (after the electronic system has received a medical record about the health component that entitles the person to disability status in accordance with the adapted International Classification of Functioning, Disability and Health) and determine the compensatory and adaptive capabilities of the individual, prepare (adjust) the individual rehabilitation program of the person living with a disability, and determine the needs of individuals living with disabilities after filling out the electronic form for assessment of the person’s functional status according to the adapted International Classification of Functioning, Disability and Health (4 percent).
i
3
The electronic register of individuals living with disabilities and the register of agencies and officials operating within the system for assigning disability status:
a) has been put into permanent (commercial) operation within the electronic healthcare system (2 percent);
b) has functionality for additional identity verification using the BankID system (2 percent);
c) has functionality for additional identify verification using a photo (2 percent);
d) reproduces the unique number of record from the Uniform State Demographic Register (2 percent);
e) has the functionality for deactivating the charts of individuals who left the system, passed away, etc. (2 percent).
i