RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 14, 2021 No. 362

About introduction of amendments to the resolution of the Cabinet of Ministers of Ukraine of April 5, 2012 No. 321

The Cabinet of Ministers of Ukraine decides:

1. Bring in the resolution of the Cabinet of Ministers of Ukraine of April 5, 2012 No. 321 "About approval of the Procedure for ensuring rehabilitation of persons with technical and other means with disability, children with disability and other separate categories of the population and payment of monetary compensation of cost for independently acquired technical and other means of rehabilitation, the list of such means" (The Official Bulletin of Ukraine, 2012, No. 31, Art. 1146; 2014, No. 69, Art. 1935; 2016, No. 89, Art. 2918; 2018, No. 31, Art. 1087; 2019, No. 70, the Art. 2450) changes which are applied.

2. Determine that the electronic office of person with disability, the child with disability, other person is applied before implementation of centralized databank on disability problems as compound Unified information system of the social sphere.

3. To provide to the ministry of social policy till September 1, 2021 preparation and modification of the regulatory legal acts regulating questions of establishment of compliance of producers and suppliers of technical and other means of rehabilitation to qualification requirements and forming of their list, maintaining the catalog - the qualifier of technical and other means of rehabilitation and components for production of prosthetic and orthopedic products, regarding determination and enhancement of terms, the bases, criteria, subjects of entering into the specified list and the catalog, free of charge their maintaining.

4. This resolution becomes effective since June 1, 2021.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 14, 2021 No. 362

Changes which are made to the resolution of the Cabinet of Ministers of Ukraine of April 5, 2012 No. 321

1. In the resolution:

The word of "lists" to replace 1) in the name of the resolution with the word of "list";

 The paragraph the fourth Item 1 to exclude 2).

2. To state the procedure for ensuring rehabilitation of persons with technical and other means with disability, children with disability and other separate categories of the population and payment of monetary compensation of cost for independently acquired technical and other means of rehabilitation approved by the specified resolution in the following edition:

"No. 321 is approved by the Resolution of the Cabinet of Ministers of Ukraine of April 5, 2012

(in edition of the Resolution of the Cabinet of Ministers of Ukraine of April 14, 2021 No. 362)

Procedure for ensuring rehabilitation of persons with technical and other means with disability, children with disability and other separate categories of the population and payment of monetary compensation of cost for independently acquired technical and other means of rehabilitation

General part

1. This Procedure determines the mechanism:

free providing persons with disability, children with disability and other separate categories of the population technical and other means of rehabilitation;

payments to persons with disability, to children with disability and to other separate categories of the population of monetary compensation of cost for independently acquired technical and other means of rehabilitation (further - compensation);

non-cash money transfer to the companies which executed individual requests of persons with disability, children with disability and other separate categories of the population on production of technical and other means of rehabilitation, services in their repair.

Action of this Procedure does not extend to persons whose disability is connected with labor accident or occupational disease. Such persons are provided with technical and other means of rehabilitation by fund of social insurance of Ukraine, and those persons who are not subject to providing with the specified means of rehabilitation by fund of social insurance, - are provided with them according to this Procedure based on the certificate of territorial department of Social Insurance Fund of refusal to person in ensuring rehabilitation with technical and other means.

2. To technical and other means of rehabilitation which provide persons with disability children with disability and other separate categories of the population, belong:

prosthetic and orthopedic products, including orthopedic footwear;

special means for self-service and leaving;

means for movement;

supportive applications for personal mobility, movement and rise;

furniture and equipment;

special means for orientation, communication and exchange of information.

The list of technical and other means of rehabilitation for which compensation is paid to persons with disability to children with disability, to other persons or their legal representatives, affirms Minsotspolitiki and is published on the official website of Minsotspolitiki.

Persons with disability and children with disability are provided with the appropriate technical and other means of rehabilitation, receive at will compensation for independently acquired technical and other means of rehabilitation according to the procedure of priority according to the individual program of rehabilitation (further - the individual program) if other is not provided by this Procedure.

Children with violations of the musculoskeletal device (further - children aged up to 18 years) and persons on whom operation of the Law of Ukraine "Expatiates on the status of veterans of military service, veterans of law-enforcement bodies, veterans of National police and some other persons and their social protection" are provided with prosthetic and orthopedic products (except for to orthopedic footwear).

Women, girls after mastectomy, and with violations of development of mammary glands are provided to sectoral resection of mammary gland, kvadrantektomiya with prostheses of mammary glands, postoperative prostheses, bodices for their fixture, special bodices for fixture of prostheses of mammary gland for occupations physical culture and swimming (bathing suit), orthoses on the upper extremities, in particular, compression sleeves.

Elderly people are provided with prostheses of the upper and lower extremities, special means for self-service and leaving which are obligatory for use in case of providing with such prostheses, and also in consent - technical and other means of rehabilitation which are returned according to regulations of paragraph one of Item 22 presents of the Procedure.

Persons determined by the paragraph the sixth article 4 of the Law of Ukraine "About rehabilitation of persons with disability in Ukraine" (further - participants of anti-terrorist operation), are provided with technical and other means of rehabilitation based on the conclusions of the medical and advisory commissions of the state and utility institutions of health care (further - VKK) or decisions of the military-medical commissions (further - VVK) irrespective of establishment of disability by it.

3. Persons with disability, children with disability, and also other separate categories of the population (children aged up to 18 years, and also persons on whom operation of the Law of Ukraine "Expatiates on the status of veterans of military service of veterans of law-enforcement bodies, veterans of National police and some other persons and their social protection", elderly people, women, girls after mastectomy and with violations of development of mammary glands, participants of anti-terrorist operation) (further - other persons) have the right to free ensuring rehabilitation with technical and other means according to the Laws of Ukraine "About bases of social security of persons with disability in Ukraine", "About child care", "About the status of veterans of war, guarantees of their social protection", "About the status of veterans of military service, veterans of law-enforcement bodies, veterans of National police and some other persons and their social protection", "About rehabilitation of persons with disability in Ukraine" and "About the basic principles of social protection of veterans of work and other citizens of old age in Ukraine".

4. Persons with disability, children with disability, other persons are provided with technical and other means of rehabilitation, in particular, by compensation payment, without the right of their sale, donation and transfer during the term for which such means are issued.

5. The technical and other means of rehabilitation intended for free providing persons with disability, children with disability, other persons at the expense of means of the government budget are made, delivered and repaired by the companies conforming to the qualification requirements established by Minsotspolitiki (further - the companies).

The list of the companies is created and kept by Minsotspolitiki. Statement and updating of the list of the companies on the Single state web portal of open data and on the official website of Minsotspolitiki it is performed within three working days from decision date about compliance of the companies to qualification requirements.

To person with disability, to the child with disability, during implementation of prosthetics and ortezirovaniye and providing with chair wheel the company provides to other person services in adaptation and development of the specified means of rehabilitation.

Introduction into circulation and/or operation of technical and other means of rehabilitation it is performed only in case of their compliance to requirements of the legislation on condition of proper delivery, installation, maintenance and application to destination.

Technical characteristics of technical and other means of rehabilitation which provide persons with disability children with disability and other persons at the expense of the means of the government budget containing in the catalog qualifier of technical and other means of rehabilitation and components for production of prosthetic and orthopedic products it is created and conducted in the procedure established by Minsotspolitiki.

6. Medical indications for ensuring rehabilitation with technical and other means, and also for payment of compensation are determined for:

persons with disability - medico-social commissions of experts (further - MSEK) with execution of the individual program;

children with disability and other persons, except for participants of anti-terrorist operation which does not establish disability, - VKK or the medical and advisory commission of clinic of the Ukrainian research institution of prosthetics, prosthetic engineering and recovery of working capacity (further - Ukrniiprotezirovaniya) with execution of the corresponding conclusion;

persons with disability and children with disability who reached six-year age (for providing with chairs wheel with the electric drive for movement indoors); persons with disability, children with disability since 14 years (for providing with chairs wheel with the electric drive for movement outside the room or the electroscooter) - regional, central city in Kiev and Sevastopol, the republican Autonomous Republic of Crimea MSEK with execution of the corresponding medical certificate with indication of means of rehabilitation (chair wheel with the electric drive or the electroscooter);

to participants of anti-terrorist operation which does not establish disability, - VVK with execution of the relevant decision VKK with execution of the corresponding conclusion.

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