2 February, the order of the Ministry of Labor and Social Protection of the Russian Federation dated 17.12.2015 No. 1024n “On classifications and criteria, used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination ". It was adopted instead of a similar document No. 664n, which had to be canceled due to numerous complaints: it turned out, that many seriously ill people, children first, could not be recognized as disabled, and did not receive appropriate treatment and rehabilitation opportunities.
New Order on Classifications and Criteria for Establishing Disability Comes into Force 2 February. This was announced by the Minister of Labor and Social Protection of the Russian Federation Maxim Topilin.
“Approaches to assessing the severity of impaired body functions and criteria for establishing disability were specified, including children, clarified wording, which will make it possible to exclude their unequal interpretation in different regions”, - the official website of the Ministry of Labor conveys the words of the Minister.
Order No. 1024n will allow you to more accurately determine, how severe is the disability, caused by illness or injury. First of all, the changes relate to the establishment of disability in children..
“The application includes such diseases and defects, found in children, like insulin dependent diabetes mellitus, occurring in childhood, cleft lip and palate (cleft lip and cleft palate), phenylketonuria, bronchial asthma, occurring in childhood. Functional disturbances are described in more detail, caused by such diseases., occurring in children as cystic fibrosis, congenital malformations, including heart defects, musculoskeletal system (congenital dislocation of the hip, clubfoot, etc.), CNS (including hydrocephalus.), chronic renal failure", - said the ministry.
The text of order No. 1024n is posted on the official Internet portal of legal information.
Previous order No. 664n was canceled due to a large number of complaints about the biased results of its application., first of all - when establishing disability in children.
The Office of the Commissioner for Children's Rights under the President of the Russian Federation received more than 270 appeals on cases of refusal to assign disability to seriously ill children, including those with cystic fibrosis, diabetes, bronchial asthma, cleft lip and palate. The decision to cancel order 664n was supported in the Federation Council.
About that, what will change after the entry into force of the new document, and what are the results of its use, told Arthur Kushakov and Lin Nguyen - employees of the legal department of ROOI "Perspektiva":
“At one time, the order of the Ministry of Labor of Russia dated 29.09.2014 N 664n amended the concept of establishing disability, marking the transition from the medical and social model of establishing disability to an exclusively medical. This approach had its pros and cons.. So conducting a medical and social examination, eg, in children was complicated by a serious difference between diseases in adults and children. Need to understand, that some diseases are more easily tolerated by adults, but seriously affect the normal development of the child, and some of them do not occur in adults at all.
It also turned out, that the document does not take into account certain types of diseases (diabetes, cystic fibrosis). In addition, a change in approach to the definition of disability has led to, that during the re-examination, not all people with disabilities remained in this status. This often caused resentment..
New Order of the Ministry of Labor of Russia dated 17.12.2015 N 1024n “On classifications and criteria, used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination ", which comes into force on 02.02.2016. solves most of the previous problems - many diseases are included and clarified, which were not in the previous Order.
A detailed study of the formulations of the clinical and functional characteristics of persistent disorders of body functions was made., caused by diseases, consequences of injuries or defects. It means, that the subjective factor is now excluded when conducting a medical and social examination and establishing disability.
For example, everyone, applied to the bodies of medical and social expertise with an application for an expertise, can assess prospects, as well as the correctness of the determination of disability, comparing the existing disease from the medical report with the application of the new Order, where a quantitative system for assessing the severity of persistent violations of body functions is clearly spelled out. It means, that minimizes the risk of corruption, as well as uniform application of classifications and criteria, used in the conduct of medical and social expertise.
In our opinion, new classifications and criteria correct many shortcomings of the previous formulations. Nevertheless, only practical application can show, whether everything is taken into account in them and to what extent an exclusively medical approach to establishing disability is correct”.
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The document defines the main types of persistent disorders of the functions of the human body, caused by diseases, consequences of injuries or defects, and their severity, as well as the main categories of human life and the severity of the restrictions of these categories. The grounds for establishing disability groups are also provided. (categories “disabled child”).
As earlier, six main groups of types of persistent disorders of the functions of the human body have been identified: mental disorders; violations of language and speech functions; sensory disturbances; neuromuscular disorders, skeletal and movement-related functions; dysfunction of the cardiovascular, respiratory, digestive, endocrine systems and metabolism, blood and immune systems, urinary function, functions of the skin and related systems; infringement, due to physical deformity.
The algorithm for assessing the severity of persistent violations of the functions of the human body has also been saved., caused by diseases, consequences of injuries or defects, – as a percentage in the range from 10 to 100, step by step 10%. As before, there are four degrees of severity of persistent violations of the functions of the human body - I degree - violations in the range from 10 to 30%, II degree - violations in the range from 40 to 60%, III degree - violations in the range from 70 to 80%, IV degree - violations ranging from 90 to 100%.
At the same time, compared with the previous order of the Ministry of Labor of Russia dated 29 september 2014 g. № 664n “About classifications and criteria, used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination” new order:
- specifies approaches to assessing the severity of impaired body functions and criteria for establishing disability, including children;
- contains an updated annex to the classifications and criteria, containing a quantitative system for assessing the severity of persistent violations of the functions of the human body, caused by diseases, consequences of injuries or defects, in percentages. In particular, includes such diseases and defects, found in children, like insulin dependent diabetes mellitus, occurring in childhood, cleft lip and palate (cleft lip and cleft palate), phenylketonuria, bronchial asthma, occurring in childhood;
- clarifies quantitative estimates of the severity of persistent disorders of body functions, caused by these diseases, depending on their shape and severity of the course;
- details the dysfunction, caused by such diseases., found in children, as cystic fibrosis, congenital malformations, including heart defects, musculoskeletal system (congenital dislocation of the hip, clubfoot, etc.), CNS (including hydrocephalus.), chronic renal failure, etc.. d.
Order of the Ministry of Labor of Russia dated 29 september 2014 g. № 664n “About classifications and criteria, used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination” declared invalid.
