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The order of accreditation of medical institutions has changed

The Law of Ukraine "On State Financial Guarantees of Medical Care of the Population" came into force on January 30, 2018, which made changes to a number of normative acts in the sphere of healthcare, in particular, the Law of Ukraine "Fundamentals of the Legislation of Ukraine on Health Care" in terms of passing accreditation of medical institutions (hereinafter - MI).

The main point of the changes is presented in the following table:

Old version of the law Amended law (new version of the law)

Section 5 Article 16

Medical institutions are subjected to accreditation in the cases and in compliance with the procedure established by the Cabinet of Ministers of Ukraine.

Section 5 Article 16

Medical institutions may wilfully undergo accreditation in compliance with the procedure established by the Cabinet of Ministers of Ukraine.


Such an insignificant change is generally very positive for the entire medical services market, since:

  • a need to undergo a rather complicated and continuous accreditation procedure for all medical institutions disappears, even for those, who carry out activities in just a few specialties;
  • accreditation can still be undergone by those medical institutions, which must obtain an accreditation certificate by force of the law (for instance, when issuing certificates of temporary disability, issuing certificates for certain categories of employees).

It should be mentioned that there are also a number of projects aimed at solving a number of related problems in addition to the initiative of the Ministry of Health of Ukraine in the sphere of accreditation, which has already been successfully implemented.

Thus, considering a massive reorganization of municipal medical institutions in municipal non-profit enterprises and creation of new municipal non-profit enterprises, a matter of issuing certificates of temporary disability for such newly created MI remains unresolved. The fact is that according to the Order of the Ministry of Health of Ukraine number 189, dated 09.04.2008, which approved the procedure for examination of temporary disability (ETD), such an examination is conducted providing an availability of a license for the right to conduct business activities in the sphere of medical practice of the Ministry of Health of Ukraine and a certificate of state accreditation of a medical institution despite of types of ownership.

At the same time, in accordance with the procedure of accreditation (approved by the Resolution of the Cabinet of Ministers of Ukraine number 765, dated July 15, 1997) the first accreditation of a MI is conducted within two years from the beginning of carrying out the activity. Thus, as matters stand, new MI remain without the right to conduct an examination of employability for the next 2 years, which is a significant problem throughout Ukraine.

A draft, which had to amend the procedure for conducting ETD, was presented by the Ministry of Health of Ukraine in order to resolve the issue. The normative act is supposed to be supplemented by the following provisions: "Newly established medical institutions, despite of types of ownership, have the right to conduct the ETD without an accreditation certificate of the medical institution, but such a term must not exceed a term of the first accreditation procedure of the medical institution in compliance with the Procedure for accreditation of a medical institution, approved by the Resolution of the Cabinet of Ministers of Ukraine number 765, dated July 15, 1997.

Unlike wilfully accreditation, which has already come into force, changes in the ETD are to be agreed in the future, and before that, medical institutions will have to find interlocutory decisions on how to legally issue certificates of temporary disability to their patients.

 

In case you have questions regarding the accreditation procedure of medical institutions - please, contact a specialized lawyer in the sphere of medical law.


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