Rehabilitation of children with disabilities

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General information

In 2019, a new mechanism was introduced to provide rehabilitation measures for children with disabilities based on the principle of "money follows the person", which will ensure targeting, transparency and improve the quality of rehabilitation services.

On 31.10.2019, the Verkhovna Rada of Ukraine supported the initiative of the Government and the Ministry of Social Policy and adopted the Law of Ukraine "On Amendments to the Law of Ukraine "On the State Budget of Ukraine for 2019" dated 31.10.2019 No. 265-IX, which provides for the change of the name of the budget program 2507100 from "Rehabilitation of children with disabilities due to cerebral palsy" to "Rehabilitation of children with disabilities".

Pursuant to the Law of Ukraine "On Amendments to the Law of Ukraine "On the State Budget of Ukraine for 2019" No. 265-IX dated 31.10.2019, as well as the Law of Ukraine "On the State Budget of Ukraine for 2020", the Cabinet of Ministers of Ukraine adopted on 04.12.2019 Resolution of the Cabinet of Ministers of Ukraine No. 994 "On Amendments to the Resolution of the Cabinet of Ministers of Ukraine No. 309 dated March 27, 2019". This will make it possible to provide rehabilitation measures for children with disabilities not only as a result of cerebral palsy, but also with other diseases, i.e., to reach a wider audience of children with disabilities in need of rehabilitation services.

For reference: Today, children and adults with disabilities (all nosological forms of the disease) can be provided with rehabilitation services in accordance with the Procedure for Providing Certain Categories of Persons with Comprehensive Rehabilitation (Habilitation) Services, approved by the Cabinet of Ministers of Ukraine on January 31, 2007, No. 80. This Procedure defines the mechanism for providing persons with disabilities and/or children with disabilities and/or children under the age of three who are at risk of disability (in order to prevent disability) with comprehensive rehabilitation (habilitation) services in rehabilitation institutions of municipal and state ownership.

The Procedure for the Use of Funds Provided for in the State Budget for the Rehabilitation of Children with Disabilities in 2020 (hereinafter referred to as the Procedure) stipulates that the main spending units of budget funds are

The Ministry of Social Policy.

Lower level budget funds are managed by:

The Fund for Social Protection of Disabled Persons (hereinafter referred to as the Fund) - responsible executor of the budget program;

the executive body in the Autonomous Republic of Crimea on social protection of the population, structural subdivisions on social protection of the population of oblast, Kyiv and Sevastopol city state administrations (hereinafter - regional bodies);

Structural subdivisions on social protection of the population of district, rayon state administrations in the cities of Kyiv and Sevastopol. Kyiv and Sevastopol state administrations, executive bodies of city and district councils in cities (if they are established) (hereinafter referred to as local bodies).

The Fund, in agreement with the chief budget holder, distributes budget funds allocated for rehabilitation measures for children with disabilities (hereinafter referred to as children) among regional authorities, which, in turn, distribute budget funds among local authorities in proportion to the number of children in need of rehabilitation measures at their place of residence (stay) in accordance with individual rehabilitation programs.

During the year, the Fund, in agreement with the chief budget holder, may redistribute budget funds among regional bodies, and regional bodies - among local bodies on the basis of their requests.

Budgetary funds are allocated to reimburse the cost of rehabilitation measures for children to health care institutions of any form of ownership and organizational and legal form or their separate subdivisions that provide medical care to the population on the basis of the relevant license and professional activities of medical (pharmaceutical) workers, as well as rehabilitation institutions, enterprises, institutions, including their branches, structural subdivisions, regardless of the form of ownership, which have a license to carry out economic activities.

Regulatory and legal acts

Resolution of the Cabinet of Ministers of Ukraine dated 27.03.2019 No. 309 (as amended by the Resolution of the Cabinet of Ministers of Ukraine dated 04.12.2019 No. 994) "On Approval of the Procedure for the Use of Funds Provided for in the State Budget for the Rehabilitation of Children with Disabilities".

Resolution of the Cabinet of Ministers of Ukraine of January 31, 2007, No. 80 "On Approval of the Procedure for Providing Certain Categories of Persons with Comprehensive Rehabilitation (Habilitation) Services".

Order of the Ministry of Social Policy of 27.09.2018 No. 1423 "On Approval of Forms of Documents for Referral of Certain Categories of Persons for Comprehensive Rehabilitation (Habilitation)", registered with the Ministry of Justice of Ukraine on October 16, 2018, No. 1160/32612.

Procedure for providing children with disabilities with rehabilitation measures

1. Applying for rehabilitation measures for a child

In order to provide a child with rehabilitation measures, one of the child's parents or his/her legal representative submits to the local authority an application for the child's placement in a rehabilitation institution in any form, indicating information about the chosen rehabilitation institution, together with copies of

- a passport of a citizen of Ukraine and/or a birth certificate and/or another document proving the child's identity;

- an individual rehabilitation program issued by the medical advisory commission of the medical and preventive care facility;

- an extract from the medical record of an outpatient (inpatient) patient (form No. 027/о).

The local authority:

1) checks the availability of documents submitted in accordance with the Procedure;

2) keep records of children who are sent for rehabilitation measures in the order of priority;

3) familiarizes one of the child's parents or legal representative with the list of rehabilitation institutions to which such persons may apply for rehabilitation measures;

4) enters information about the child, his/her legal representative to the centralized data bank on disability issues:

- the child, his/her legal representative in accordance with clause 4 of the Regulation on the Centralized Data Bank on Disability Issues, approved by the Resolution of the Cabinet of Ministers of Ukraine of February 16, 2011, No. 121 (Official Gazette of Ukraine, 2011, No. 12, p. 523; 2019, No. 17, p. 569);

- providing the child with rehabilitation measures, including the choice of a rehabilitation institution by the child's legal representative, concluding contracts, drawing up acts of work performed, indicating the actual funds transferred, and the duration of the child's stay in the rehabilitation institution.

The day of the application of one of the child's parents or legal representative to the local authority is the date of receipt of the documents specified in the Procedure, which are registered in the document registration journal.

The list of rehabilitation institutions is formed by the Fund in accordance with the application principle of the rehabilitation institution. The list of rehabilitation institutions is published on the official websites of the Ministry of Social Policy, the Fund, local and regional authorities.

2. Conclusion of the contract, execution of the act of services rendered, reimbursement of the cost of rehabilitation measures for children

Within five working days from the date of submission of the application, the local authority shall conclude an agreement on the implementation of rehabilitation measures for the child (hereinafter referred to as the agreement) in three copies (one for the local authority, one for the rehabilitation institution, and one for one of the child's parents or legal representative), which shall specify the terms of implementation of rehabilitation measures in the rehabilitation institution, their cost, etc.

If a rehabilitation institution chosen by one of the child's parents or legal representative receives a justified refusal to implement rehabilitation measures in such a rehabilitation institution, the local authority informs the child's parent or legal representative and offers to choose another rehabilitation institution.

All copies of the agreement signed by an authorized person of the local authority, sealed (if any) and one of the child's parents or legal representative shall be handed over to the rehabilitation institution.

The head of the rehabilitation facility signs and seals (if any) all copies of the agreement, after which he/she hands over one copy to the local authority, the second to the child's parent or legal representative, and keeps the third copy in the rehabilitation facility.

The agreement may be signed using an electronic digital signature.

Reimbursement of the cost of rehabilitation measures for children is carried out by local authorities within the budgetary funds by transferring them to rehabilitation institutions as payment for services rendered in accordance with the concluded agreements on the basis of acts of services rendered in an amount not exceeding the established maximum cost of rehabilitation measures, and if the cost of such measures is less than the maximum, in an amount not exceeding the actual cost of rehabilitation measures.

Prepayment is made in accordance with the law.

After providing rehabilitation measures for the child, the rehabilitation institution shall submit to the local authority an act of services rendered and a document on the settlement of payments based on the results of the provision of rehabilitation measures in accordance with the terms of the agreement. The rehabilitation institution also issues a certificate in any form to one of the child's parents or legal representative about the rehabilitation measures taken and the results of rehabilitation.

The certificate of services provided may be issued using an electronic digital signature.

Local authorities shall submit to regional authorities data on the number of children provided with rehabilitation measures by the 10th day of each month, indicating the list of measures provided to each child, their cost and the rehabilitation institutions that provided the relevant rehabilitation measures. Regional bodies submit generalized data to the Fund by the 15th of each month.

The Fund submits to the Ministry of Social Policy a quarterly summary report on the use of budget funds by the 20th day of the month following the reporting period.

Accounting, opening of accounts, registration, accounting of budgetary obligations in the Treasury bodies, operations related to the use of budgetary funds are carried out in accordance with the procedure established by law.

The preparation and submission of financial and budgetary reports on the use of budgetary funds, as well as control over their targeted and efficient spending, shall be carried out in accordance with the procedure established by law.

3.Cost of rehabilitation measures

The cost of rehabilitation measures for each child is determined by the rehabilitation institution in accordance with the individual rehabilitation program, which specifies the scope and timing of such measures.

The maximum cost of rehabilitation measures does not exceed UAH 16 thousand for one child who, in accordance with the individual rehabilitation program, has restrictions of the I and II degree in most major categories of life activity, and UAH 25 thousand for the III degree.

The maximum cost of rehabilitation measures for one orphan and a child deprived of parental care who, according to an individual rehabilitation program, has restrictions of the I, II, III degree in most major categories of life activity, is increased by 50 percent for each degree.

Rehabilitation measures can be provided both in a hospital and on an outpatient basis.

The cost of the rehabilitation institution's expenses for the rehabilitation measures provided to the child is not less than 30 percent of the maximum cost of rehabilitation measures for one child.

In the case of inpatient rehabilitation measures, their maximum cost may include the cost of accommodation and meals for the child, one of the child's parents or his/her legal representative.

When rehabilitation measures are provided on an outpatient basis, the maximum cost may include the cost of food for the child, one of the child's parents or his/her legal representative.

Rehabilitation measures within their maximum cost may be provided to one child several times during the budget year.

4.List of basic rehabilitation measures

The list of basic rehabilitation measures is assigned individually depending on the needs of the child and includes

- consultations with doctors, sessions with specialized doctors and rehabilitation specialists (pediatric neurologist, speech therapist, psychologist, pediatrician, social worker, speech therapist, physician of physical and rehabilitation medicine or physiotherapist, physiotherapist, physiotherapist in physical therapy, physiotherapist in physical therapy and sports medicine, physical therapist, etc;)