Chapter IV
OPERATION OF MEDICAL ASSESSMENT COUNCILS
Article 16. Length and number of conclusion meetings
1. Length of time of a conclusion meeting of the Medical Assessment Council shall be decided by the Council’s Chairperson or the person who is authorized by the Council’s Chairperson to chair the meeting.
2. Time and number of meetings of a Medical Assessment Council, and number of patients in each meeting shall be proposed by the Standing Agency of the Medical Assessment Council on the basis of applications for assessment and actual conditions of its personnel and medical devices.
Article 17. Participants in a conclusion meeting
1. The Council’s members:
The number of members of the Medical Assessment Council participating in the conclusion meeting must be at least 3/5 of the number of official members of the Council which is decided by a competent authority.
2. Patients
Patients must be present at the meeting in order to receive assessment of his/her injury, disease or disability from the Council. The Council shall not draw any conclusions about the patient who fails to present at the meeting, except for the following cases:
a) The patient is suffering from serious injury or disease or has a server disability so that he/she is unable to receive direct assessment from the Medical Assessment Council and has received on-the-spot assessment from the Council’s Standing Agency upon the written request of the relevant organization, or his/her relative or guardian, with the approval of the Council’s Chairperson or Deputy Chairperson. Audio and video recordings of on-the-spot assessment of this patient are required and shall be used at the medical consultation and conclusion meetings of the Council. In such case, the patient's relative or guardian as defined by law may participate in the conclusion meeting of the Council;
b) The patient has been present at the previous meeting of the Medical Assessment Council and has been requested by the Council to undergo clinical and/or subclinical examinations of which the results will be considered at this meeting.
3. Handling physicians
The physician who has handled the patient's documents is required to participate in the meeting and present his/her reports on assessment documents to the Medical Assessment Council, unless he/she has given legitimate reasons for his/her absence. In this case, the head of the Council’s Standing Agency shall appoint another person to present reports on behalf of the absent physician.
Article 18. Medical Assessment Council’s working principles at its conclusion meetings
1. A Medical Assessment Council shall work on a collegial basis. The Chairperson of the Medical Assessment Council shall directly or authorize the Council’s Deputy Chairperson to chair the Council’s meetings. Such authorization must be made in writing.
2. The Council shall meet to reach the conclusion about the injury, disease, disability and whole person impairment rate (%) of the patient on the basis of medical assessment documents and actual examination or images of examination of the patient as prescribed in Point a Clause 2 Article 17 of this Circular, and enter that conclusion into the Council’s register of meetings and medical assessment records.
3. The conclusion given by the Council must be unanimously approved by at least 2/3 (two-thirds) of its official members who are present at the meeting.
4. The conclusion given by the Council shall be specified in the medical assessment report which is made using the template in the Appendix enclosed herewith. The medical assessment report shall bear the signature and full name of the Council’s Chairperson or the person who is authorized by the Council’s Chairperson to chair the meeting, and the seal of the Council.
5. Within 10 (ten) working days from the day on which the conclusion is given by the Council, the Council’s Standing Agency shall complete the medical assessment report.
Article 19. Processing of applications for medical assessment
1. Based on the application for medical assessment received from the patient, the Standing Agency of the Medical Assessment Council shall examine the received application and organize the medical assessment within the time limit prescribed by law.
2. If an application is refused, within 10 (ten) working days from the receipt of the application, the Standing Agency of the Medical Assessment Council shall give written response, in which reasons for refusal must be specified, to the introducing agency and/or the patient, and assume responsibility for its refusal.
3. In case an application is beyond the specialized capacity of a Provincial Medical Assessment Council:
a) In case the Provincial Medical Assessment Council does not yet carry out the medical assessment, within 10 (ten) working days from the receipt of the application, the Standing Agency of the Provincial Medical Assessment Council shall, based on the received application and conditions of the Council, report the case to the Council’s Chairperson to hold a meeting to reach the conclusion on the assessment case beyond its specialized capacity, transfer the application and letter of introduction of the patient to the Central Medical Assessment Council for carrying out the final reassessment, and enter the Council’s conclusion into the Council’s Register of meetings;
b) In case the Provincial Medical Assessment Council has carried out the medical assessment and reached the conclusion that the case is beyond its specialized capacity, within 07 (seven) working days from the date of the Council’s meeting, the Standing Agency of the Provincial Medical Assessment Council shall complete the medical assessment report, in which the conclusion that the case is beyond the Council’s specialized capacity must be specified, and transfer the received application and letter of introduction of the patient to the Central Medical Assessment Council for carrying out the final reassessment.
4. In case a competent authority disagrees with the conclusion given by the Medical Assessment Council, it shall send a written request to the Department of Medical Service Administration for final or special reassessment as prescribed.
Within 07 (seven) working days from the receipt of the request from the Department of Medical Service Administration, the Standing Agency of the Medical Assessment Council that has carried out assessment of patient must complete and transfer the medical assessment documents of that patient to the Medical Assessment Council for carrying out final or special reassessment as prescribed.
5. In case an entity disagrees with the conclusion given by a Provincial or Central Medical Assessment Council:
a) Within 60 (sixty) days from the day on which the medical assessment report is issued, the disagreeing entity shall provide reasons for its disagreement in writing for the Provincial or Central Medical Assessment Council that has carried out assessment of the patient. Any reasons provided after the abovementioned time limit shall not be accepted;
b) Within 07 (seven) working days from the receipt of the request from the disagreeing entity, the Standing Agency of the Medical Assessment Council that has carried out assessment of the patient shall consider the case and respond to the patient:
- If the requesting entity still disagrees with the conclusion given by the Provincial or Ministerial Medical Assessment Council, the Standing Agency of that Provincial or Ministerial Medical Assessment Council shall complete and transfer the medical assessment documents and letter of introduction of the patient to the Central Medical Assessment Council in accordance with regulations on division of operating provinces specified in Points a, b and c Clause 2 Article 8 of this Circular for carrying out the final reassessment;
- If the requesting entity still disagrees with the conclusion given by the Central Medical Assessment Council, the Standing Agency of the Central Medical Assessment Council that has carried out assessment of the patient shall complete and transfer the medical assessment documents and a report on the case to the Ministry of Health (via the Department of Medical Service Administration) for carrying out the special reassessment.
6. Some other cases:
a) In case a patient fails to receive the medical assessment or participate in the conclusion meeting without giving legitimate reasons after the Standing Agency of the Medical Assessment Council has sent 03 (three) letters of invitation to the patient, the Standing Agency of the Medical Assessment Council shall return the patient’s documents to the introducing organization;
b) Revocation of medical assessment report for invalidation or replacement:
- The Medical Assessment Council shall assume responsibility to revoke the issued medical assessment report for invalidating or issuing a new one.
- The Medical Assessment Council is entitled to invalidate or replace a medical assessment report issued within its jurisdiction when it finds that the medical assessment report has been issued inconsistently with regulations of laws in force at the time of the medical assessment, and replace it with a new medical assessment report. To be specific:
+ If the whole person impairment rate (%) specified in the revoked or invalidated medical assessment report (the former report) is kept unchanged, the Medical Assessment Council shall issue a new medical assessment report using the number and date of the former report;
+ If the whole person impairment rate (%) specified in the former report is changed, the Medical Assessment Council shall report the case to its supervisory authority for direction. If a new medical assessment report is issued according to the direction of the supervisory authority, the number and date of the new report shall be specified according to the conclusion meeting of the Medical Assessment Council which is held to modify the former conclusion.
- The Standing Agency of the Medical Assessment Council shall give a written notification of revocation or invalidation of a medical assessment report, and then issue and send the new medical assessment report to relevant entity. Documents concerning the revocation or invalidation of the medical assessment report, and the revoked or invalidated medical assessment report shall be kept together with the assessment documents of the patient and entered into the Council’s Register of meetings;
c) If the case has been transferred to the superior Medical Assessment Council for carrying out final reassessment or special reassessment, the issued medical assessment report shall implicitly have no legal validity for paying benefits to the patient. Benefits shall be paid to the patient only after the conclusion (or medical assessment report) has been given by the competent Medical Assessment Council in accordance with regulations of law.
Article 20. Medical assessment procedures
1. Comparison:
The person who carries out the medical assessment shall check and compare information about the patient with one of his/her documents: ID card, citizen’s identity card, passport or confirmation given by the police department of the commune, ward or town where he/she permanently or temporarily resides which bears the patient’s picture (the picture must have been taken on a white background, of a 4 cm x 6 cm size, within no more than 06 months before the date of application submission, and must bear the seal of the police department).
2. Overall examination:
A physician of the Standing Agency of the Medical Assessment Council who is assigned to handle the assessment case shall prepare assessment documents, carry out the overall examination and request the head of the Standing Agency of the Medical Assessment Council to prescribe specialist examinations (clinical and/or subclinical examinations) according to the received application for medical assessment.
3. Specialist examinations:
A specialist assessor shall carry out examination and draw the conclusion according to the prescriptions of the Standing Agency of the Medical Assessment Council. Where necessary, medical consultations may be held.
4. Medical consultation
The head of the Standing Agency of the Medical Assessment Council who is also a member of the Council shall organize and chair the consultation before the meeting of the Council. Where necessary, the Standing Agency of the Medical Assessment Council shall invite the patient and specialist assessors to the meeting.
5. Meeting of the Medical Assessment Council
Follow procedures of the conclusion meeting of the Council prescribed in Article 21 of this Circular.
6. Issuance of medical assessment report
The medical assessment report shall be given by the Standing Agency of the Medical Assessment Council according to Clause 4 Article 18 of this Circular.
7. Retention of medical assessment documents
a) Medical assessment documents shall be managed and retained at the Standing Agency of the Medical Assessment Council for 70 (seventy) years in accordance with regulations of law on document retention.
b) In case of medical assessment of the patient prescribed in Point a Clause 2 Article 17, 01 photo of the patient must be kept together with the medical assessment documents.
Article 21. Procedures of Council’s conclusion meeting
1. The physician who handles the medical assessment documents of the patient shall present the summary report on examination results specified in the medical assessment documents of that patient, including anticipated results of injury, disease or disability and whole person impairment rate of the patient. Medical assessment documents shall be submitted to the Medical Assessment Council only after they have been approved at the medical consultation held by the Council’s Standing Agency.
2. Representative of members participating in the Council’s meeting shall directly examine the patient to verify his/her injury, disease or disability status.
3. The patient or his/her relative or guardian shall state their opinions (if any) before the Council.
4. The Council shall discuss and vote for the conclusion:
a) The conclusion about the injury, disease, disability, whole person impairment rate and/or other conclusion given according to regulations of law and the application for medical assessment;
b) In case of insufficient grounds for the conclusion, the Council may prescribe additional clinical and/or subclinical examinations and/or treatment and/or reference to medical records and other relevant documents to have more grounds for reaching the conclusion;
c) In case provincial or regional health facilities are not capable of carrying out specialist examinations (clinical or subclinical examinations), the Council may send the patient to a qualified public health facility to receive specialist examinations of which results shall be used as the basis for the Council to consider and reach conclusion on the injury, disease, disability, and whole person impairment rate of the patient.
5. Members of the Council and participants in the meeting shall express their opinions. Dissenting opinions shall be recorded and entered into the Council’s Register of meetings.
6. Official members of the Council participating in the meeting shall append their signatures to the Council’s Register of meetings. The person in charge of the Council’s Register of meetings shall be appointed by the Council’s Standing Agency.
7. The handling physician shall complete the medical assessment report and submit it to the Council’s Standing Agency for approval before it is signed and sealed by the competent person as prescribed in Clause 4 Article 18 of this Circular.
Tìm kiếm
Thông tư 52/2016/TT-BYT (Bản Word)
Thông tư 52/2016/TT-BYT (Bản Pdf)