Who refers to MSEK: explanations for patients and legal nuances

The Medical and Social Expert Commission (MSEK) is a body that conducts an examination of temporary or permanent disability, as well as determines the disability group and provides recommendations for further treatment and rehabilitation.

The referral process to the MSEK can seem complicated and confusing, so it is important to understand who has the right to refer to the commission, what documents are required and what legal nuances should be taken into account.

Who has the right to refer to MSEK?

A referral to MSEK can be issued:

1. A doctor. This is the most common way of referral to the commission. The patient's attending physician may refer the patient to the MSEC if he or she believes that the patient has permanent or temporary disability that requires expert evaluation.
2. Medical advisory commission. The LKK is created in a medical and preventive institution to resolve complex or controversial issues regarding the patient's ability to work.
3. Social services. They can refer to MSEK persons who do not have the opportunity to go to a doctor or LKK on their own.
4. Other bodies and institutions. In some cases, a referral to the MSEK can be issued by other bodies and institutions, for example, social protection bodies, military commissariats, the medical and social examination bureau.

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What documents are required for referral to MSEK?

The following documents are required for referral to MSEK:

• Passport or other identity document.
• Identification code.
• Medical certificate in the form 080/u, which contains information about the patient's state of health, examination results and diagnosis.
• Other documents that may be relevant for expert evaluation, for example, outpatient card, hospital discharges, operation protocols, laboratory test results.

Legal nuances of referral to MSEK

The patient has the right:

1. Get referrals for free. This means that the patient does not have to pay for receiving a referral to the MSEK. The referral is issued free of charge by a doctor, LKK, social services or other bodies authorized to do so.
2. The patient has the right to refuse referral to the MSEK. This is his legal right, and no one can force him to undergo an examination.
3. After passing the MSEK, the patient has the right to familiarize himself with the conclusions of the commission. This concerns information about the patient's state of health, his capacity for work, disability group and recommendations for further treatment and rehabilitation.
4. If the patient does not agree with the conclusions of the MSEK, he can appeal them. The appeal is submitted to the same or higher MSEK within a month from the date of the initial conclusions.

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It is important to know:

• MSEK has no right to force a patient to undergo an examination or treatment that he does not want.
• The patient has the right to confidentiality of his medical data.

To exercise his rights, the patient must know about them. Therefore, it is important to contact a legal company if there are difficulties or problems during the medical and social expert commission. Lawyers from "Prykhodko and Partners" know how to help you.

Result

Referral to MSEK is an important step for people who have permanent or temporary disability. Understanding who has the right to refer to the commission, what documents are required and what legal nuances should be taken into account will help patients protect their rights and get the help they need.

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