Making a Referral to the MSEC: Procedure, Requirements and Legal Aspects

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Publication date: 25.07.2024

Making a Referral to the MSEC: Procedure, Requirements and Legal Aspects

The Medical and Social Expert Commission (MSEC) plays an important role in determining the degree of loss of ability to work, establishing disability and providing social protection to citizens. A referral to the MSEC is an official document that initiates the process of medical and social expertise to assess the health status of a person. This process is regulated by Ukrainian law and has clearly defined requirements for the preparation and submission of documents. In this article, we will consider the procedure for issuing a referral to the MSEC, the main requirements for it and the legal aspects that should be taken into account.

Grounds for referral to the MSEC

The main grounds for a referral to the MSEC are the need to establish the degree of disability, determine disability, assess the ability to work, or the need for social support. Referrals may be made by medical institutions, employers or other authorised bodies, such as social protection services.

 Reasons for a referral may include:

• Chronic illnesses: Persons with chronic illnesses that limit their ability to work may be referred to the MSEC to determine the degree of disability.
   
• Consequences of injuries or illnesses: In the case of injuries or illnesses that have led to permanent impairment of body functions, disability must be established.
   
• Social and rehabilitation needs: A referral may be issued to assess the need for rehabilitation measures or social assistance for persons with disabilities.
   

The procedure for issuing a referral

The procedure for issuing a referral to the MSEC includes several main stages:

1. Collection of medical documentation: A doctor or other authorised person collects all the necessary medical documents confirming the patient's health status. These may include extracts from the medical record, test results, diagnostic reports, specialist opinions, etc.
    
2. Preparation of a referral: The referral must be made in writing and contain information about the patient, his or her medical condition, as well as the reasons for the referral to the MSEC. The document must be signed by a physician and stamped by a medical institution or other authorised body.
    
3. Submission of the referral: The patient or an authorised person submits a referral to the MSEC to set the date and time of the examination. All documents must be submitted on time to avoid delays in the examination.
    

Legal aspects of the referral to the MSEC

Referrals to the MSEC are regulated by the Law of Ukraine ‘On the Fundamentals of Social Protection of Disabled Persons in Ukraine’ and other regulatory acts. These documents set out the procedure for conducting a medical and social examination, as well as the rights and obligations of patients and medical professionals. Patients have the right to appeal against the decision of the MSEC if they disagree with the commission's conclusions. To do this, they can apply to a higher MSEC or to the court.

Providing false information or falsifying documents when making a referral to the MSEC is an offence and may result in administrative or criminal liability. This applies to both patients and medical professionals who may be involved in such actions.

Documents required for a referral to the MSEC

In order to successfully complete a referral to the MSEC, it is necessary to collect a full package of documents confirming the medical indications and social circumstances that gave rise to the request. 

The main documents include:

• Medical documents: These are extracts from the medical history, results of analyses and diagnostic tests, X-rays, electrocardiograms, conclusions of specialist doctors and other medical documents confirming the patient's health status.
   
• Documents on previous treatment: Certificates from medical institutions about the treatment and its results, medical prescriptions, records of medications taken.
   
• Social documents: Birth certificates of children, documents confirming the status of the family breadwinner, income and social status certificates, as well as other documents confirming the patient's socio-economic status.
   

The significance of the MSEC conclusions for social protection

The conclusions of the MSEC are important for ensuring the social protection of persons with disabilities or disadvantages. Based on these conclusions, the state determines the level of social support, including pensions, social benefits, rehabilitation services, privileges and other forms of assistance. For example, a disability group may entitle a person to a pension, rehabilitation services, social housing or other types of support.

The conclusions of the MSEC may also affect the rights and obligations of patients in the field of labour. For example, the determination of work restrictions may affect the right to receive social assistance, change working conditions or even grant a deferral from military duty. Therefore, it is important that the process of medical and social assessment is transparent and objective, and that patients receive all the appropriate rights to social support and protection.

Patients' rights during the MSEC process

Patients undergoing a medical and social examination have the right to full information about the purpose and procedures of the examination, as well as to receive the results in writing. They may request additional medical examinations or consultations with specialists if necessary for an objective assessment of their health status. In case of disagreement with the results of the MSEC, patients have the right to appeal to a higher commission or court to review the decision.