ORDER OF THE MINISTRY OF HEALTH OF UKRAINE

of June 1, 2021 No. 1066

Some questions of forming of medical certificates of temporary disability and conducting their check

According to Item 8 of the Regulations on the Ministry of Health of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of March 25, 2015 No. 267 (in edition of the resolution of the Cabinet of Ministers of Ukraine of January 24, 2020 No. 90), to the subitem 9 of Item 20 and Item 21 of the Procedure for the functioning of electronic health care system approved by the resolution of the Cabinet of Ministers of Ukraine of April 25, 2018 No. 411, to the Procedure for the organization of maintaining the Electronic register of leaves of disability and provision of information from it approved by the resolution of the Cabinet of Ministers of Ukraine of April 17, 2019 No. 328 (in edition of the resolution of the Cabinet of Ministers of Ukraine of March 31, 2021 No. 323), to the resolution of the Cabinet of Ministers of Ukraine of March 31, 2021 No. 323 "About modification and recognition voided some acts of the Cabinet of Ministers of Ukraine", To the procedure for maintaining the Register of medical certificates in electronic health care system approved by the order of the Ministry of Health of Ukraine of September 18, 2020 No. 2136, registered in the Ministry of Justice of Ukraine on September 30, 2020 for No. 952/35235, for the purpose of introduction of maintaining medical certificates about temporary disability in the Register of medical certificates in electronic health care system, and also implementation of checks by Social Insurance Fund of Ukraine of justification of issue and prolongation of leaves of disability to insured persons based on information from the Electronic register of leaves of disability of PRIKAZYVAYU:

1. Approve enclosed:

1) the Procedure for forming of medical certificates about temporary disability in the Register of medical certificates in electronic health care system;

2) Procedure Social Insurance Fund of Ukraine of checks of justification of issue and prolongation of leaves of disability;

3) the Instruction for work with medical certificates about temporary disability in the Register of medical certificates in electronic health care system and disability leaves for action of transitional model.

2. Bring in the order of the Ministry of Health of Ukraine of April 9, 2008 No. 189 "About approval of the Regulations on examination of temporary disability", registered in the Ministry of Justice of Ukraine on July 4, 2008 for No. 589/15280, the following changes:

The name of the order to state 1) in the following edition:

"About approval of the Procedure for the organization of examination of temporary disability";

Preamble of the order to state 2) in the following edition:

"According to part one of article 69 of the Law of Ukraine of "Basis of the legislation of Ukraine about health care" and for the purpose of the organization of examination of temporary disability in some cases";

Items 1, 2 orders to state 3) in the following edition:

"1. Approve the Procedure for the organization of examination of temporary disability which is applied.

2. To heads of healthcare institutions, irrespective of pattern of ownership, and to physical persons entrepreneurs who obtained the license for implementation of economic activity on medical practice:

1) in case of determination of temporary disability to apply the Procedure for the organization of examination of temporary disability approved by this order;

2) to provide strict accomplishment of the Procedure for the organization of examination of temporary disability approved by this order in case of its application.";

3. Make changes to the Regulations on examination of temporary disability approved by the order of the Ministry of Health of Ukraine of April 9, 2008 No. 189, registered on July 04, 2008 for No. 589/15280, having been reworded as follows it which is applied the Ministry of Justice of Ukraine.

4. Declare invalid the order of the Ministry of Health of Ukraine of October 28, 2011 No. 716 "About approval of the Regulations on the Unified electronic register of leaves of disability", registered in the Ministry of Justice of Ukraine on December 23, 2011 for No. 1521/20259.

5. Determine that on condition of availability of the corresponding technical capability of functioning of medical certificates about temporary disability in electronic health care system of healthcare institutions and physical persons - entrepreneurs who in the procedure established by the law obtained the license for implementation of economic activity on medical practice and perform examination on temporary disability (further - healthcare institutions) forming of medical certificates about temporary disability in the Register of medical certificates in electronic health care system according to the Procedure for forming of medical certificates about temporary disability in the Register of medical certificates in electronic health care system approved by the subitem 1 of Item 1 of this order is obligatory:

since June 4, 2021 - for action of transitional model of work with medical certificates about temporary disability in the Register of medical certificates in electronic health care system and the disability leaves issued in the form approved by the order of the Ministry of Health of Ukraine, the Ministry of Labour and Social Policy of Ukraine, Social Insurance Fund on temporary disability, Social Insurance Fund from labor accidents and occupational diseases of Ukraine of November 03, 2004 No. 532/274/136-os/1406, registered in the Ministry of Justice of Ukraine on November 17, 2004 for No. 1454/10053, (further - disability leaf) which lasts till August 31, 2021 (further - transitional model) for healthcare institutions which are in accordance with the established procedure connected to electronic health care system;

since October 1, 2021 - for all healthcare institutions.

6. Determine that for action of warlike situation and within three months from the date of its termination or cancellation in the cases provided by subitems 1 - the 6th Item 8 of this order, the requirements determined in the Instruction about procedure for issue of the documents certifying temporary disability of citizens, Ukraine approved by the order of the Ministry of Health of November 13, 2001 No. 455, registered in the Ministry of Justice of Ukraine on December 04, 2001 for Instruction No. 1005/6196, about procedure for filling of leaf of the disability approved by the order of the Ministry of Health of Ukraine, the Ministry of Labour and Social Policy of Ukraine, Social Insurance Fund on temporary disability are applied Social Insurance Fund from labor accidents and occupational diseases of Ukraine of November 3, 2004 No. 532/274/136-os/1406, registered in the Ministry of Justice of Ukraine on November 17, 2004 for No. 1456/10055, of the Instruction for filling of form of primary accounting documentation No. 036/about "The magazine of registration of leaves of the disability" approved by the order of the Ministry of Health of Ukraine of February 14, 2012 No. 110, registered in the Ministry of Justice of Ukraine on April 28, 2012 for No. 685/20998, Regulations on examination of temporary disability, No. approved by the order of the Ministry of Health of Ukraine of April 9, 2008 189, No. 93 registered in the Ministry of Justice of Ukraine on July 4, 2008 for No. 589/15280, of the order of the Ministry of Health of Ukraine of March 18, 2002 "About approval of forms of accounting documentation on purpose of government assistance in connection with pregnancy and childbirth to women who are not insured in system of obligatory national social insurance, and the instruction for their filling", registered in the Ministry of Justice of Ukraine on April 9, 2002 for No. 346/6634.

7. Determine that Items 2 - 3 presents of the order are applied only to the medical certificates about temporary disability created according to the Procedure for forming of medical certificates about temporary disability in the Register of medical certificates in electronic health care system approved by the subitem 1 of Item 1 of this order.

8. For all healthcare institutions which began forming of medical certificates about temporary disability in the Register of medical certificates in electronic health care system in accordance with the established procedure, from the date of forming of the first medical certificate about temporary disability, and also since October 01, 2021 issue of leaves of disability according to the requirements determined in the Instruction about procedure for issue of the documents certifying temporary disability of citizens, Ukraine approved by the order of the Ministry of Health of November 13, 2001 No. 455, registered in the Ministry of Justice of Ukraine on December 04, 2001 for Instruction No. 1005/6196, about procedure for filling of leaf of the disability approved by the order of the Ministry of Health of Ukraine, the Ministry of Labour and Social Policy of Ukraine, Social Insurance Fund on temporary disability Social Insurance Fund from labor accidents and occupational diseases of Ukraine of November 03, 2004 No. 532/274/136-os/1406, registered in the Ministry of Justice of Ukraine on November 17, 2004 for No. 1456/10055, of the Instruction for filling of form of primary accounting documentation No. 036/about "The magazine of registration of leaves of the disability" approved by the order of the Ministry of Health of Ukraine of February 14, 2012 No. 110, the Procedure for the organization of examination of temporary disability approved by the order of the Ministry of Health of Ukraine of April 09, 2008 No. 189, registered in the Ministry of Justice of Ukraine on April 28, 2012 for No. 685/20998, registered in the Ministry of Justice of Ukraine on July 04, 2008 for No. 589/15280 (in edition of the order of the Ministry of Health of Ukraine of June 01, 2021 No. 1066), is forbidden, except cases:

1) prolongation and closings of leaves of disability which were issued to persons till October 01, 2021;

2) the expiration during which the attending physician can make changes to the medical certificate about temporary disability in the Register of medical certificates in electronic health care system. In that case the decision on issue of leaf of disability is made by the medical and advisory commission of healthcare institution, and in case of its absence - the head of organization;

3) to insured person within two months since the birth of the child specified in the certificate of birth of the child - based on this certificate and the judgment on adoption of the child;

4) emergence of technical issues (mistakes) concerning data transmission between the Electronic register of leaves of disability and the Register of medical certificates in electronic health care system which result in impossibility of forming of electronic leaf of disability in the Electronic register more than within seven days from the date of creation of the medical certificate about temporary disability - before elimination of such problems (mistakes).

5) stop in the conditions of warlike situation of access for users of electronic health care system to the central database of electronic health care system;

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