It is registered
Ministry of Justice of Ukraine
December 26, 2007
of October 31, 2007 No. 49
About approval of the Regulations on providing victims owing to labor accident and occupational disease sanatorium treatment
Being guided by Article 21, paragraph one of part four and part five of Article 34, Items 4, of 5, of the 7 and 8 Article 43 and article 50 of the Law of Ukraine "About obligatory national social insurance from labor accident and occupational disease which entailed disability", the board of Social Insurance Fund from labor accidents and occupational diseases of Ukraine DECIDES:
1. Approve Regulations on providing victims owing to labor accident and occupational disease by sanatorium treatment (further - the Provision) it (is applied).
2. Recognize invalid resolutions of board of Social Insurance Fund from labor accidents and occupational diseases of Ukraine of 27.03.2003 as No. 30 "About approval of the Regulations on providing victims owing to labor accident or occupational disease permits for sanatorium treatment and accounting, storage, distribution and issue of permits" and of 28.04.2004 No. 31 "About modification of the Regulations on providing victims owing to labor accident or occupational disease permits for sanatorium treatment".
4. Executive directorate of Social Insurance Fund from labor accidents and occupational diseases of Ukraine to bring the specified Provision to working bodies of executive directorate of Fund.
Chairman of the board
Approved by the Resolution of board of Social Insurance Fund from labor accidents and occupational diseases of Ukraine of October 31, 2007 No. 49
1.1. This Provision determines the mechanism of providing Social Insurance Fund with executive directorate from labor accidents and occupational diseases of Ukraine (further executive directorate of Fund) and its managements in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol (further - Managements of executive directorate of Fund), departments in areas and the cities of regional value (further - Departments) victims who became disabled people (further - victims) owing to labor accident or occupational disease, sanatorium treatment.
This Provision is developed according to the Law of Ukraine "About obligatory national social insurance from labor accident and the occupational disease which entailed disability" (further - the Law).
1.2. Sanatorium treatment of victims is performed in the territory of Ukraine in profile sanatorium institutions where there is the relevant medical and diagnostic base, taking into account availability of natural medical resources, the special equipment and devices for treatment of the corresponding categories of patients on presentation of the permit to sanatorium treatment (further - the permit) and the medical record of form No. 0-72/o, of Ukraine approved by the order of the Ministry of Health of December 27, 1999 No. 302 "About approval of forms of accounting statistical documentation which is used in polyclinics (out-patient clinics).
1.3. The permit is the document which provides to the victim, the accompanying person of the victim the right to the corresponding services in the sanatorium institution specified in the permit during the term specified in it.
2.1. Financing of expenses on sanatorium treatment of victims is performed by executive directorate of Fund, working bodies of executive directorate of Fund within the provided funds for these purposes according to requirement by non-cash money transfer to sanatorium institutions with which contracts are signed.
2.2. The basis for providing victims with permits for sanatorium treatment (further - permits) are the documents specified in Item 2.5 of this Provision and the conclusion of medico-social commission of experts (further - MSEK), the individual program of rehabilitation of the disabled person (in case of availability).
According to the conclusion of MSEK victims are provided sanatorium treatment on direct consequences of industrial injury or occupational disease.
2.3. If the victim at the same time has the right to providing sanatorium treatment according to the Law of Ukraine "About obligatory national social insurance from labor accident and occupational disease which entailed disability" and other regulatory legal acts, it is granted option on one of the bases.
Lists of victims who have the right to sanatorium treatment under other acts of the current legislation twice a year are in writing verified with organizations and the organizations within which competence providing persons with sanatorium treatment is.
2.4. Working bodies of executive directorate of Fund after each survey of injured MSEK report to victims about their right in Fund permits.
- the statement in the established form (appendix 1);
- conclusion of MSEK about need of the victim for sanatorium treatment;
- the medical certificate of medical institution in form No. 070/about;
- the individual program of rehabilitation (in case of availability).
The statement is registered in register (appendix 2). Date of capture on accounting of the victim date of submission of the statement is considered.
Working bodies of executive directorate of Fund send to the victim the message (appendix 3) on which he (or person authorized by it) shall receive the permit throughout the term specified in the message or submit the declaration of abandonment of the sanatorium permit. The fact of sanatorium treatment is specified in the statement in the form determined in appendix 1 to the Provision.
In case of unwillingness or impossibility of the victim to draw up the refusal, the responsible person of working bodies of executive directorate of Fund draws up the statement of refusal behind signatures: the responsible person who drew up the statement, the chief of Department. The written refusal or the act invests in the personal record of the victim. This permit is provided to the victim following in turn.
2.6. Victims who became disabled people are provided with sanatorium resort treatment periodically according to the decision of MSEK, namely:
disabled people of the I group annually;
disabled people of the II group every two years or annually based on the individual program of rehabilitation;
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