The Association of Youth with Handicaps of Montenegro - UMHCG is in cooperation with eight organizations (Juventas, Center for Civic Education - CGO, CAZAS, SOS telephone for women and children victims of violence Podgorica, Center for Anti-Discrimination - Ekvista, Association Parents, Kvir Montenegro, Center for monitoring and research - CeMI) prepared and submitted comments to the Ministry of Health on the Draft Law on Mandatory Health Insurance, during the public hearing.
"Namely, although the adoption of the new Law on Mandatory Health Insurance presented the possibility that the rights of persons with disabilities in the field of health insurance are regulated and prescribed in accordance with the UN Convention on the Rights of Persons with Disabilities, the Ministry of Health, when drafting the text of the Draft Law, did not adequately improved the solutions in relation to the current Law. The positive solutions that are evident in the Draft Law relate to the fact that the Draft in relation to the current Law prescribes affirmative action for people with certain types of disabilities (categories that are otherwise mentioned in the Law) by covering the costs of health care in 100% of the amount of five attempts of treatment for infertility, while the current law stipulates that all persons have the right to do so three times. Also, this draft prescribes the costs of food and accommodation for companions of children with certain types of disabilities during rehabilitation up to 18 years of age in 100% of the amount, while the current law stipulated that right in 100% of the costs only for children up to 5 years of age, and for children from five to ten years of age, health insurance is covered in the amount of 80% of the total costs," said Marina Vujacic, executive director of the Association of Disabled Youth of Montenegro.
However, as Vujačić added, in addition to the already guaranteed compensatory rights, and only for certain groups of persons with disabilities, the Draft Law on Mandatory Health Insurance with regard to the realization of the rights of children and persons with disabilities has several shortcomings.
"Drastic discrimination based on health status and disability is prescribed in Article 25 Paragraph 1 of the Draft Law, in which the right to use health care at the expense of mandatory health insurance funds abroad is denied to an insured with a chronic illness in the acute phase, and/or an insured with longer treatment is necessary, i.e. accommodation in an inpatient health facility upon arrival abroad. This is direct discrimination against persons with disabilities whose disability is caused by a chronic disease (arthritis, multiple sclerosis, osteoporosis...) and who need constant health care. For the reasons stated, we proposed amendment of this provision in terms of guaranteeing this right to persons with disabilities, without discrimination," said Vujačić.
She added that the draft law also prescribes rights only for people with at least 70% physical damage, which results in discrimination against a large number of people with disabilities, both in terms of percentage and type of disability.
"In addition, adults with disabilities are not guaranteed to cover the costs of food and accommodation of a companion in a hospital and specialized rehabilitation facility, but this right is limited only to children with certain types of disabilities, in the case of food and accommodation of a companion in a specialized rehabilitation facility This discrimination based on the type and degree of disability, as well as age, directly violates the UN Convention on the Rights of Persons with Disabilities, which stipulates in Article 25 that "State signatories recognize that all persons with disabilities have the right to enjoy the highest possible standard of health without discrimination on the basis of disability.". We proposed guaranteeing these rights to children and persons with at least 50% disability, which we consider an acceptable variant by the Ministry of Health, as a compromise solution, bearing in mind the overall financial situation, but also the necessity that a much larger number of persons with people with disabilities must be guaranteed a basic human right, the right to adequate health care," Vujačić claims.
According to her, the draft law does not guarantee persons with disabilities the right to provide the full amount of salary compensation due to temporary inability to work from the funds of mandatory health insurance, which demotivates employers to employ persons with disabilities.
"In order to ensure that health service providers with whom the Health Insurance Fund concludes a contract provide their services to persons with disabilities under the same conditions as others, the UMHCG proposed that the contract also regulate measures to ensure the availability of health care for these entities.To date, in practice, almost nothing has been done to fulfill Montenegro's obligation under the Convention to provide: "early identification and interventions when appropriate and services aimed at minimizing and preventing further disability, including among children and the elderly", UMHCG proposed the inclusion early identification and prevention of damage progression into the concept of health care and the right to health care," explains Vujačić.
She notes that they also proposed that, as she points out, the absurd provision that prescribes that the Health Insurance Fund, as a rule, decides without passing a Decision, be changed in accordance with the rules of administrative procedure and the right of citizens to have their rights and interests decided in writing by decision.
"Precisely the failure to prescribe this obligation in practice has led to the discrimination of a large number of people with disabilities and the denial of rights, without any written reasonsLast but not least, the Draft Law on Mandatory Health Insurance contains discriminatory and disparaging terminology that is contrary to the UN Convention on the Rights of Persons with Disabilities (Persons with Intellectual Disabilities, Autistic Disorders, Persons with Developmental Disabilities), which is otherwise represented and characteristic of the field of health care and health insurance. Precisely because of such discriminatory terminology, which is interpreted in different ways in practice (by mentioning only a certain number of diagnoses), many people with disabilities cannot exercise their rights", concluded Vujačić.
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