THE ORDER OF THE DEPUTY PRIME MINISTER - THE MINISTER OF LABOUR AND SOCIAL PROTECTION OF THE POPULATION OF THE REPUBLIC OF KAZAKHSTAN

of June 29, 2023 No. 260

About approval of Rules of conducting medico-social examination

According to the paragraph of the subitem 5) of article 12 of the Social code of the Republic of Kazakhstan I ORDER the twenty second:

1. Approve the enclosed Rules of conducting medico-social examination according to appendix 1 to this order.

2. Recognize invalid some orders and structural element of the order of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan according to appendix 2 to this order.

3. To provide to social services department of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

4. To impose control of execution of this order on the vice-Minister of Labour and Social Protection of the population of the Republic of Kazakhstan.

5. This order becomes effective since July 1, 2023 and is subject to official publication, except for:

the subitem 30) Item 3, the subitem 7) Item 8, Items 10, 11, 12, Items 15, 16, Item parts two 17, the subitem 3) Item 20, the subitem 2) Item 24, Item 25, Items 42, 43, 44, 45, 46, 47, 48, parts third of Item 51, Item 56, Item 72 of Rules of conducting medico-social examination to this order; Item paragraph two 2, the subitem 3) Item 3, the paragraph of the third subitem 1) Item 7, the paragraph of the fourth subitem 13) Item 8, the subitem 4) appendix Item 10 3, appendices 5, 9, 15, 16, 24 to Rules of conducting medico-social examination to this order which becomes effective since January 1, 2025.

It is approved Ministry of Health of the Republic of Kazakhstan

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

Appendix 1

to the Order of the Deputy prime minister - the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 29, 2023 No. 260

Rules of conducting medico-social examination

Chapter 1. General provisions

1. These rules of conducting medico-social examination (further – Rules) are developed according to the paragraph with the twenty second the subitem 5) of article 12 of the Social code of the Republic of Kazakhstan (further – the Code), and also according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" and determine procedure for conducting medico-social examination.

2. Medico-social examination (further – MSE) is carried out by territorial subdivisions of Committee of regulation and control in the field of social protection of the population of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan (further – territorial subdivisions).

3. In these rules the following concepts are used:

1) abilitation – package of measures, directed to forming and development in persons with disability of capabilities to household, public and professional activity;

2) qualification – degree of professional readiness of the worker, availability of knowledge, skills necessary for accomplishment of certain degree of complexity of work;

3) the attending physician – the doctor providing medical care to the patient during its observation and treatment in the medical organization;

4) disability – loss by the worker of capability to perform work, to render services which extent is expressed as a percentage of the lost working capacity;

5) working capacity – capability to perform activities according to requirements to content, amount and conditions of performance of work;

6) the automated information system "Labor market" (further – AIS "Labor market") – the hardware and software intended for automation of activities of authorized body concerning employment of the population, local authorities of employment of the population, jobcenters of the population, the center of development of manpower and interdepartmental interaction for the purpose of provision of the state services to the population in the social and labor sphere;

7) occupational disease – the chronic or acute disease caused by impact on the worker of harmful and (or) dangerous production factors in case of accomplishment by the worker of the labor (office) obligations;

8) professional working capacity – employee ability to performance of work of certain qualification, amount and quality;

9) extent of loss of professional working capacity (further – UPT degree) – the level of decline in the ability of the worker to carry out labor (office) obligations;

10) survey – carrying out MSE with determination and accounting of rehabilitation potential and the forecast;

11) osvidetelstvuyemy person – person concerning whom MSE is carried out;

12) the automated information system "E-social security" of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan (further – AIS "E-social security") – the hardware and software intended for automation of business processes of rendering the public assistance in material and natural expression, special social services, forming, maintaining and use of the database of the events held by local executive bodies;

13) Committee of regulation and control in the field of social protection of the population of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan (further – Committee) – the department of authorized state body performing realizable and control functions in the field of social and provision of pensions, social protection of persons with disability within the competence;

14) the short text message (further – sms) – the service rendered by mobile operator in acceptance and information transfer by means of network of cellular communication;

15) MSE – assessment of the restrictions of life activity of osvidetelstvuyemy person caused by permanent disorder of functions of organism with establishment (not establishment) of disability and (or) extent of disability, and also determination of his needs for measures of social protection;

16) department of methodology and control MSE (further – OMK MSE) – the department of territorial subdivision performing methodology and control concerning MSE, re-examination on control, consideration of appeals of expert opinions of departments of MSE;

17) division of medico-social examination (further – division, department of MSE) – the structural division of authorized state body which is carrying out MSE;

18) the independent expert of medico-social examination (further – the independent expert of MSE) – the physical person conforming to the requirements determined by authorized state body, and consisting in the register of independent experts of medico-social examination;

19) the exterritorial expert of medico-social examination – the specialist of department of medico-social examination who carries out the correspondence pro-active survey of the uslugopoluchatel living out of the region of servicing;

20) person with disability – person having the violation of health with permanent disorder of functions of organism caused by diseases, mutilations (wounds, injuries, contusions), their effects, violations which leads to restriction of life activity and need of its social protection;

21) the child with disability – person aged up to eighteen years having the violation of health with permanent disorder of functions of organism caused by diseases, mutilations (wounds, injuries, contusions), their effects, defects which leads to restriction of life activity and need of its social protection;

22) social protection of persons with disability – package of measures for the public assistance, rehabilitation, and also integration of persons with disability in society;

23) rehabilitation of persons with disability – package of measures, the capabilities of person directed to complete or partial recovery with disability to household, public, professional and other work;

24) the automated information system "Centralized Databank of Persons Having Disability" (further – AIS "TsBDI") – the hardware and software intended for automation of business processes on establishment of disability, disability, development of the individual program of abilitation and rehabilitation and also for storage and data processing on persons which underwent survey in departments of MSE;

25) disability – extent of restriction of life activity of the person owing to violation of health with permanent disorder of functions of organism;

26) the individual program of abilitation and rehabilitation of person with disability (further – the International Party of Russia) – the document determining specific amounts, types and terms of carrying out abilitation and rehabilitation of person with disability on the basis of his individual requirements;

27) rehabilitation potential – indicator of real opportunities of recovery of the broken functions of organism and capabilities of person with disability based on the analysis of medical, psychological and social factors;

28) the rehabilitation forecast – expected probability of realization of rehabilitation potential and expected level of integration of person with disability in society;

29) rehabilitation and expert diagnostics – assessment of rehabilitation potential, the rehabilitation forecast;

30) the information system "Technical Means of Rehabilitation" (further – IS "TSR") – the information system intended for automation of process of matching of the technical supportive (compensatory) means and special vehicles provided to persons with disability according to the International Party of Russia;

31) violation of functions of organism – the problems arising in functions or structures of organism, considered as their variation from regulation;

32) industrial injury – the injury of health of the worker received in case of execution of labor obligations by it, which led to disability;

33) the correspondence pro-active survey – carrying out MSE based on the depersonifitsirovanny documents which arrived from information systems of the Ministry of Health of the Republic of Kazakhstan (further – IS MZ RK);

34) the international classification of functioning, restrictions of life activity and health (further – MKF) – classification of components of health, restrictions of life activity and functioning;

35) life activity restriction – complete or partial loss by person of capability or opportunity to perform self-service, to independently move, be guided, communicate, to control the behavior, to study and be engaged in labor activity;

36) authorized state body – the central executive body performing management and cross-industry coordination in the field of social protection of the population according to the legislation of the Republic of Kazakhstan, regulation, control functions behind activities of the State Social Insurance Fund.

Chapter 2. Procedure for carrying out MSE

Paragraph 1. Bases for carrying out MSE

4. The basis for carrying out MSE is the consent to collection, processing and transfer of personal data according to the Law of the Republic of Kazakhstan "About personal data and their protection" and the data which are the secret of the health worker according to the Code of the Republic of Kazakhstan "About health of the people and health care system", uslugopoluchatel and the direction of the medical and advisory commission (further – VKK) the medical organization on purpose:

1) primary survey in case of permanent violations of functions of organism;

2) repeated survey (re-examination).

5. The medical organizations after carrying out complex of the diagnostic, medical and rehabilitation actions confirming the permanent violation of functions of organism leading to life activity restriction, caused by diseases, effects of injuries and defects direct to MSE of persons not earlier than four months from the moment of approach of temporary disability or establishment of the diagnosis to children and unemployed persons, except for persons with anatomic defects, with trisomy on chromosome 21 (Down syndrome), incurable patients with the considerable or sharply expressed violations of the functions of organism and lack of rehabilitation potential receiving palliative care.

In case of deterioration in health on disabling disease, persons with disability go to MSE not earlier than two months from the date of temporary disability or establishment of the diagnosis to children and unemployed persons.

In case of occupational diseases with slightly expressed violations of functions of organism which are not entering the list of diseases, for which the fixed term of temporary disability more than two months approved by the order of the Minister of health and social development of the Republic of Kazakhstan of December 28, 2015 No. 1033 "About approval of the list of diseases, for which fixed term of temporary disability more than two months" (it is registered in the Register of state registration of regulatory legal acts at No. 12733), osvidetelstvuyemy person for the purpose of establishment of degree of UPT goes to MSE without the term of temporary disability, in the absence of indications for carrying out medical rehabilitation.

6. The medical organizations, taking into account the next term of re-examination, direct persons with disability and (or) persons with disability to re-examination (repeated survey).

7. Completeness, amount of physical examination, justification, control of terms and quality of execution of medical accounting documentation in case of the direction of persons on MSE is provided with the chairman of VKK of the directed medical organization.

Paragraph 2. Procedure for survey (re-examination)

8. MSE of the osvidetelstvuyemy (re-examined) person is carried out in the VKK direction of the medical organization for the place it permanent registration:

1) in departments of MSE and (or) departments of methodology and control MSE of the respective region;

2) in the organizations of health care giving stationary help;

3) in the organizations of health care giving out-patient and polyclinic help;

4) in organizations of criminal executive system and in pre-trial detention centers;

5) at home;

6) in absentia;

7) in absentia proaktivno.

9. Survey (re-examination), except for the correspondence pro-active survey (re-examination) is carried out according to the statement on carrying out MSE in form according to appendix 1 to Rules (further – the statement), with submission of the identity document or electronic document from service of digital documents (for identification) osvidetelstvuyemy person, the legal representative in case of submission of the statement by it, and based on the data received from the state information systems through lock of "the electronic government" in the form of the electronic documents certified by the digital signature (further – the EDS):

1) the data confirming the fact of content of person in organization of criminal executive system or the pre-trial detention center;

2) the conclusion on MSE in the form No. 031/at (further – form No. 031/at) approved by the order of the acting minister of health care of the Republic of Kazakhstan of October 30, 2020 No. KR DSM-175/2020 "About approval of forms of accounting documentation in the field of health care and also instructions for their filling" (it is registered in the Register of state registration of regulatory legal acts at No. 21579) (further – the order No. KR DSM-175/2020). Effective period of form No. 031/at constitutes no more than one month from the date of its signing, according to the Regulations on activities of the medical and advisory commission approved by the order of the Minister of Health of the Republic of Kazakhstan of April 7, 2022 No. KR DSM-34 (it is registered in the Register of state registration of regulatory legal acts at No. 27505);

3) medical part of the individual program of abilitation and rehabilitation of person with disability in the form No. 033/at approved by the order No. KR DSM-175/2020 (further – medical part of the International Party of Russia), in case of its development by the medical organization;

4) the medical record of the ambulatory patient for the analysis of dynamics of disease, the statement from the clinical record, the conclusion of specialists and results of inspections in case of their availability;

5) the leaf (certificate) of temporary disability represented by the working person for introduction of data on the expert opinion;

6) the document confirming labor activity (in the presence), represented in case of primary survey-faced working-age, and in case of industrial injuries and occupational diseases the information on nature and working conditions on production (it is filled with the employer) in form according to appendix 2 to Rules is also provided;

7) the document confirming the participation fact (or nonparticipations) in system of compulsory social insurance represented in case of primary establishment of extent of loss of general working capacity (further – UOT degree) on this social risk;

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