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LAW OF UKRAINE

of December 19, 2024 No. 4170-IX

About modification of some legal acts of Ukraine concerning reforming of medico-social examination and implementation of estimation of daily functioning of person

The Verkhovna Rada of Ukraine decides:

I. Make changes to such legal acts of Ukraine:

1. In the first offer of part three of Article 26 of the Labor code of Ukraine (The sheet of the Supreme Council of USSR, 1971, appendix to No. 50, the Art. 375) words of "the recommendation of medico-social examination" to replace with the word "legislations".

2. The second offer of part six of Article 154 of the Penitentiary code of Ukraine (2004, 21) to state sheets of the Verkhovna Rada of Ukraine to Art. No. 3-4, in the following edition: "Together with representation are taken the document confirming disability establishment, and the conclusion of the special medical commission to court".

3. In part two of article 118-2 of the Code of civil protection of Ukraine (2013, Art. No. 34-35, 458) the words "established by medico-social commission of experts" shall be replaced with words sheets of the Verkhovna Rada of Ukraine "established by results of medico-social examination or in the procedure established by the legislation".

4. In Item 9 parts one of article 19 of the Code of administrative legal proceedings of Ukraine (2017, No. 48, the Art. 436) words of "medico-social commissions of experts" shall be replaced with words sheets of the Verkhovna Rada of Ukraine "medico-social commissions of experts, expert teams on estimation of daily functioning of person".

5. In the Law of Ukraine "About bases of social security of persons with disability in Ukraine" (Sheets of the Supreme Council of USSR, 1991, No. 21, Art. 252 with the following changes):

1) in Article 3:

replace part one with two new parts of the following content:

"Article 3. Disability to full age person is established by results of estimation of daily functioning of the face which is carried out by expert team on estimation of daily functioning of person according to the procedure, determined by the Cabinet of Ministers of Ukraine.

Disability to the child is established by the medical and advisory commissions of healthcare institutions for results of the carried-out medico-social expertize of the child according to the procedure, determined by the legislation".

With respect thereto the second to consider part part three;

third to exclude part;

Article 5 to state 2) in the following edition:

"Article 5. The complex of the medical, rehabilitation, psychological, pedagogical, physical, professional, labor, sports, social actions sent on provision to the persons with disability of the help in recovery and compensation of the broken or lost functions of organism for achievement and maintenance of social and material independence, social and labor adaptation and integration into society, is determined by results of estimation of daily functioning of the face which is carried out according to Bases of the legislation of Ukraine on health protection and determination of needs of person with disability:

in social services and social rehabilitation - according to the laws of Ukraine "About social services" and "About rehabilitation of persons with disability in Ukraine";

in education and employment rehabilitation - according to the laws of Ukraine "About education" and "About rehabilitation of persons with disability in Ukraine";

in employment and labor rehabilitation - according to the laws of Ukraine "About employment of the population" and "About rehabilitation of persons with disability in Ukraine";

in sports rehabilitation - according to the Law of Ukraine "About rehabilitation of persons with disability in Ukraine".

The complex of the medical, rehabilitation, psychological, pedagogical, physical, professional, sports, social actions directed to rendering to children with disability of the help in recovery and compensation of the broken or lost functions of organism for achievement and maintenance of social and material independence, social adaptation and integration into society, and also procedure for providing children with disability supportive applications of rehabilitation and medical products are determined based on the individual program of rehabilitation of the child with disability";

Part the second Article 6 to state 3) in the following edition:

"Person (his authorized representative) has the right to appeal the solution of medico-social commission of experts, expert teams on estimation of daily functioning of person according to the procedure of administrative appeal according to the Law of Ukraine "About ministerial procedure" taking into account the features established by Bases of the legislation of Ukraine on health protection, and/or judicially";

Part third of article 17 after the words "according to the conclusion of medico-social examination" to add 4) with the words "or in other cases established by the law";

Shall be replaced with words 5) in part two of Article 18 of the word of "medico-social examination" "in the field of employment";

Parts second and third Article 18-1 after the word "MSEK" to add 6) with the words "or recommendations in the field of employment";

Shall be replaced with words 7) in part three of Article 21 of the word "it is made according to conclusions of medico-social examination" "it is made according to the legislation";

To state Article 37 in the following edition:

"Article 37. Types of material security, medical and other care, and also the social and other services provided to persons with disability and to children with disability, sources of their financing are established by the law. The help and services are provided on conditions and according to the procedure, determined by the Cabinet of Ministers of Ukraine".

6. In the Law of Ukraine "About the status and social protection of the citizens who were injured owing to the Chernobyl catastrophic crash" (Sheets of the Verkhovna Rada of Ukraine, 1992, No. 13, Art. 178 with the following changes):

Item 6 parts one of article 11 after words of "ad medico-social commission of experts" to add 1) with the words "or carrying out estimation of daily functioning of person";

2) in Article 17:

the first offer of part four to state in the following edition:

"Citizens who became persons with disability owing to the Chernobyl catastrophic crash undergo estimation of daily functioning of person in the procedure determined by the legislation in time, determined by the solution of medico-social commission of experts or expert team by estimation of daily functioning of person";

the fifth and eighth to lay out parts in such edition:

"To injured children to whom the causal relationship of disability is established with effects of the Chernobyl catastrophic crash assessment of daily functioning of person on reaching them 18 years, irrespective of the term for which it established disability at children's age is carried out";

"To citizens to whom by results of medico-social examination or evaluating daily functioning of person disability is not established or is not confirmed, employment or retraining is guaranteed".

7. In Bases of the legislation of Ukraine on health protection (The sheet of the Verkhovna Rada of Ukraine, 1993, No. 4, Art. 19 with the following changes):

1) in Article 3 part one:

to state determination of the terms "life activity", "health", "life activity restriction" and "service in medical attendance of the population (medical service)" in the following edition:

"the life activity activities of person providing its daily functioning by method and in amount, regular for it, in particular by self-service, orientation, movement, communication, control of the behavior, training, labor activity";

"health condition of complete physical, mental and social wellbeing, and not just absence of diseases or violations of structures and functions of organism";

"restriction of life activity violation of structures and functions of organism and/or other factors in human lives which in case of interaction with external environment interfere with accomplishment of daily activities by it and to participation in life of society on an equal basis with other people";

"the service in medical attendance of the population (medical service) - the service (including estimation of daily functioning of person, rehabilitation service) provided to the patient in healthcare institution, rehabilitation organization or the physical person - the entrepreneur which is registered and obtained in the procedure established by the law the license for implementation of economic activity on medical practice, and is paid by her customer. The state, relevant organs of local self-government, legal entities and physical persons, including the patient" can be the customer of service in medical attendance of the population;

add taking into account alphabetic procedure with terms of the following content:

"the compensators of restrictions of life activity of person means, product, service, payment, privilege, etc. providing compensation of certain restrictions of life activity of person";

"compensators of restrictions of daily functioning of person set of medicines and/or medical products, and/or the supportive applications of rehabilitation appointed by health workers or rehabilitation specialists";

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