The medical leave for the care of the patient with oncological diseases, in force! - Your strategic HR partner - Smartree

The medical leave for the care of the patient with oncological diseases, in force!

The medical leave for the care of the patient with oncological diseases, in force! Starting with April, 2022, the insured person who, with the patient’s consent, accompanies him to the surgeries and treatments prescribed by the specialist doctor, receives leave and indemnity for the care of the patient with oncological diseases over 18 years of age.

According to the Law no. 24/2022 for the amendment and completion of GEO no. 158/2005, as well as according to the Order MS / CNAS no. 1166/217/2022 for the modification of the Norms for the application of GEO no. 158/2005 and also to the Order MS / CNAS no. 1165/218/2022 regarding the modification of the Order MS / CNAS no. 1192/745/2020 for the approval of the model of medical certificates and of the instructions regarding the use and the way of completing the medical leave certificates.

We will present below the main provisions of these normative acts:

Starting with April 16, 2022, the provisions of Law no. 24/2022 for the amendment and completion of GEO no. 158/2005 on leave and social health insurance benefits. According to this law, the insured person who, with the patient’s consent, accompanies him to the surgeries and treatments prescribed by the specialist doctor, receives leave and indemnity for the care of the patient with oncological diseases over 18 years of age.

The patient with oncological diseases can express his consent only for one person at each surgery, respectively treatment (model patient agreement – annex 15 to the norms, annexed to this Smart Update)

The duration of the leave and the indemnity is of maximum 45 calendar days at an interval of one year for a patient.

The gross monthly amount of the indemnity granted in this case is 85% of the calculation base for the social health insurance indemnities, being fully borne by FNUASS. The indemnity code is “17” and will be registered on the medical leave certificate in the Remarks section.

Both the insured caring for the patient with oncological conditions and the patient are entitled to a minimum of one psychological psychological evaluation session and a minimum of five clinical psychological counseling sessions. The costs of the services provided by the psychologist will be borne by the FNUASS budget.

The allowance for the care of the patient with oncological diseases, the sessions of clinical psychological evaluation, respectively of clinical psychological counseling are granted on the basis of medical leave issued by the specialist doctor.

Insured persons benefit from sick leave and indemnity if the following conditions are cumulatively met:

a) meet the minimum insurance period of at least 6 months;
b) presents the certificate issued by the health insurance company where the oncology patient is registered, showing the number of days of leave for the care of the patient with oncological diseases that have been granted in the last 12 months, regardless of the insurance company of health to which the companion is registered (certificate model – annex 7 ^ 2 to the norms, annexed to this Smart Update).

Medical leave certificates for the care of cancer patients can be issued at a later date, only for the current month or for the previous month.

If the patient is accompanied to treatment in the territory of an EU Member State, the European Economic Area and the Swiss Confederation or in the territory of another non-EU Member State, the European Economic Area and the Swiss Confederation, the sick leave and allowance is granted on the basis of the certificate of medical leave issued by the health insurance company to which the employer of the insured person submits the declaration provided in art. 147 para. (1) of Law no. 227/2015 on the Fiscal Code or by the one with which the insured person has concluded the insurance contract for holidays and social health insurance benefits, as the case may be, based on the translated and authenticated supporting documents, under the conditions and up to the maximum duration provided by this emergency ordinance, no later than 15 days from the date of return to the country of the patient with oncological diseases. The documents are sent to the health insurance company that issues the medical leave certificate by the insured person on paper or by electronic means of remote transmission or, as the case may be, by the persons who authenticate the documents by electronic means of remote transmission. The health insurance company sends the medical leave certificate, on paper or by electronic means of remote transmission, to the beneficiaries, respectively to the employers, as the case may be. Medical leave certificates that are transmitted by electronic means of remote transmission are signed with qualified electronic signatures.

The number of days of medical leave for the care of patients with oncological conditions is managed by the health insurance companies that record these patients.

The certificate is requested and sent to the patient or relative, including by electronic means of remote transmission, according to the model provided in Annex no. 7 ^ 2.

The beneficiary of the leave has the obligation to immediately send a copy of the medical leave certificate to the insurance company which records the patient with oncological diseases, including by means of remote transmission.
In order to recover the amounts representing the indemnities, the employers will submit to FNUASS an application whose model is provided in annex no. 10 to the rules, attached to this Smart Update.

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