Disabled vs. Directors of Medical Institutions

Gela Mtivlishvili, Kakheti

Disabled people are blaming the directors of policlinics and out-patient clinics for abusing their power. They claim the directors of many medical institutions have intentionally breach the resolution of the Georgian Minister of Labor, Healthcare and Social Welfare, which regulated the standard of determination for the disabled.

On March 4, 2008 - Aleksandre Kvitashvili, the Minister of Labor Healthcare and Social Welfare, amended the resolution of Vladimer Chipashvili, his predecessor, which was first issued on January 13 2003.

The new decree stipulates that a medical institution has the authority to estimate the disability status of a handicapped person. However, such empowered medical institution should provide only general medical assistance for patients. In case of specialized diagnostics, as in the case of the disabled, doctors/specialists who are certified in five or more medical fields should be employed and they are the ones that should be charged with providing specialized medical services. The status shall be granted based on the following examinations: general chemical, bio-chemical, x-ray and functional examinations. Based on the minister’s same decree, the number of diseases that person can be given status, has also been increased.

Regional medical institutions are also authorized to provide the needed medical services that were mentioned in the decree. However, as the disabled, the directors of policlinics and outpatient clinics that they being made to provide medical conclusions from Tbilisi-based specialized clinics in order to have disability pensions granted to them.

“I did not receive my pension for several months. As soon as I learned the new minister had amended the resolution I applied to the Gurjaani District Policlinic. They demanded that I go to Tbilisi to undergo a medical examination of health conditions and provide corresponding document to them afterwards.  I borrowed money and took examination at Diagnostic Centre. I showed Sofiko Kumsiashvili, the director of the policlinic all documents which proved that I have acute form of diabetes. The disease is on the list of those illnesses that should be considered in being able to qualify for disability status and an accompanying pension. However, the policlinic does not issue a final conclusion on my disability claim for two months already. They are now  demanding that I go back to Tbilisi and take a special form from Tbilisi Clinic; I cannot travel to Tbilisi as I do not have enough money to travel,” said Lia Arjevnishvili.

Staffs of local medical institutions are requiring that people who are ill with cancer as well with diabetes have to go to the extra effort to undergo medical examinations in Tbilisi clinics. Ana Maisuradze is one person who has provided the requested results from the examination and it has already been one month to since this has been with the policlinic.  However, despite her requests, she still has not been granted with disabled status. “They demand me to bring medical notification # 100 from Tbilisi Cancer Hospital. The point is that I cannot afford traveling there to pick up the document. Besides that, as far as I know, according to the law, I have to bring the notification if my disease needs to be confirmed. However, the doctors do not explain to me why they are demanding additional documents from me,” said the disabled woman.

The director of the medical institution has neither refused nor granted the status to her. The lawyers claim that such activities contradict the Georgian legislation.

“When you refuse a patient to carry out some activities or grant him/her with the disability status, the legal entity shall issue administrative act based on the medical evidence. When the medical institution leaves the applicant without reply and fails to explain why in written explanation on its refusal, then it has breached the established norms established by General Administrative Code.”

“According to the article III of the resolution of the Georgian Minister of Labor, Healthcare and Social Welfare, issued on March 4 2008, the institution has authority to send a patient to a medical institution who shall be examined to give exact diagnose and level of damage of his/her biological function. It shall be done in instances when the sending institution does not have a license for providing specialized examinations, and its does not have corresponding doctors/specialists on staff; and/or if the material-technical equipment does not enable the institution to carry out the needed tests and examinations.

Medical institutions have oncologists in the Kakheti Region and included among them is the Gurjaani District policlinic, where patients have provided the documents issued by medical centre “Kakheti-Ioni” – and this facility has a license and is equipped with all modern medical equipment. Thus, the administrations of the medical institutions do not have the right to refuse diseased patients when it comes to granting them with disability status. Thus, it causes serious doubt whether similar decisions are connected with corruption,” said Lia Khuroshvili, lawyer for the Human Rights Centre.

The Ministry of Labor, Healthcare and Social Welfare is fully aware of the complaints of the disabled.

Davit Lomidze, the Deputy Minister, stated there is no urgent need for disabled people to arrive in Tbilisi in order to get some medical notifications expect in some particular cases. “People can be examined at every medical institution. The status shall be estimated at the same institution too. Some specific diseases can be considered as exceptions. However, such cases are very rare,” said Lomidze

Disabled people residing in the regions urge the Ministry of Labor, Healthcare and Social Welfare to set up a special monitoring group which will observe the process of granting disability status at regional medical institutions.