Disability Law

Original Language Title: Invaliditātes likums

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/211494

The Saeima has adopted and the President promulgated the following laws: disability law chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) Assistant — physical person providing support to a person with a very heavy or severe degree of functional limitation of the activities outside the home, it can not make disability independently — to get to the place where she was learning, work, services, move and tend to self education, gainful employment, be in contact with other natural and legal persons as well as helps a person with vision disabilities to acquire vocational basic education, vocational secondary or higher education programme;
2) loss of working ability, the age constraint results in a functional loss or limited the general ability to work;
3) functional limit: illness, injury, or congenital defect-induced physical or mental (the body's ability, communication, training, orientation, movement, self-care ability; their behavior, activity, participation controlling ability) disorder that limits the person's ability to work, care for themselves and make it difficult for its integration in society;
4) individual rehabilitation plan to a person with a disability — expected a specific person for optimal package which defines the functional limitations according to the rehabilitation of long-term and short-term objectives and include treatment, medical, social and vocational rehabilitation measures, specifying the time-limits for their implementation, and which is aimed at a person's functional capacity, improvement or restoration to prevent disability interventions;
5) individual rehabilitation plan to a person with a disability — a specific person for optimal package that includes treatment, medical, social and vocational rehabilitation measures aimed at maintaining a person's functional capacity or to a person with a disability to reduce disability;
6) unpredictable disability and disability expertise, functional limitation, the degree of loss of functional capacity evaluation and determination of the person, as well as disability or disability risk mitigation measures required for evaluation;
7) housing adaptation — persons with disabilities or with the person living in the property of the members of the family, the shared ownership or use of existing living space and utility room equipped with the necessary accessories (technical AIDS) and adaptation to the needs of persons with disabilities;
8 person with disabilities) — the person in accordance with the procedure laid down in this law are specific disability;
9) person with predictable disabilities — the person in accordance with the procedure laid down in this law are certain predictable disability;
10) surdotulk: a person who sign language provides the person with a hearing disability, contact with other people, including professional education, vocational secondary or higher education institution in which the person with a hearing disability acquire the educational program.
2. article. The purpose of the Act, a law intended to prevent or reduce the risk of disability persons with disabilities and to mitigate the predictable consequences of disability for persons with disabilities.
3. article. The operation of the law (1) of the Act shall determine the estimated disability and disability expertise, as well as disability and disability risk mitigation necessary support measures.
(2) the law shall be implemented on the basis of: 1) of persons with disabilities and more predictable person with disability enrollment support measures to reduce the risk of disability (disability unpredictable) consequences of disability and the law "on social security" is defined in the framework of the intervention;
2) public involvement with disability issues, as well as State and local government bodies in cooperation with the National Council of Disability Affairs, associations and foundations, representing persons with disabilities or persons expected to disabilities, also with the professional rehabilitation organizations;
3) single State and local governments provide rehabilitation process for persons with disabilities or disorderly persons with disabilities.
Chapter II the estimated disability and invalidity article 4. The estimated disability (1) the expected disability is illness or injury induced functional limitations that the case does not provide the necessary treatment and rehabilitation services can cause disability.
(2) the expected disability determination criteria, deadlines, and procedures shall be governed by the Cabinet of Ministers.
5. article. Disability (1) disability is prolonged or permanent is a very heavy, heavy or moderate degree of functional limitation that affects a person's mental or physical ability, integrity, pašaprūp and integration in society.
(2) disability and capacity determination of injury criteria, deadlines, and procedures shall be governed by the Cabinet of Ministers.
(3) a Person to whom a particular disability, the disability certificate is issued. A sample of the document issuing and accounting procedures shall be governed by the Cabinet of Ministers.
6. article. Disability breakdown (1) a Person under 18 years of age shall be determined without a breakdown of disability groups.
(2) until the 2012 December 31:1) persons of 18 years of age, depending on the physical or mental ability limit States: (a) the degree of the disability groups) I-very severe disability, disability group II b), severe disability, disability group III (c)), moderately pronounced disability;  
2) after the public old-age pension for age, by first-time disability expertise, assesses the physical or mental capacity to the limit, and if it has nothing to do with objective age-induced changes in the body and meet the criteria for determining disability is determined according to this part of invalidity provided for in paragraph 1 the classification of the disability.
(3) From 1 January 2013:1) persons from 18 years of age to State old-age pension for the age required to assess functional limitation and it degree, determines the percentage of loss of capacity and: (a) (I) disability group) if the capacity loss is 80-100 percent — very severe disability, disability group II b), if the loss of capacity is 60-79 percent, severe disability, c) disability group III If the capacity loss is 25 — 59 percent — a moderately pronounced disability;
2) after the public old-age pension for age, by first-time disability expertise, assesses the functional limitation, it level and determine the disability group I — very severe disability, disability group II — severe disability or disability group III-moderate disability expressed as well as due to the necessary support measures.
(4) persons after the State old-age pension for age, repeatedly making disability expertise, retain the status of persons with disabilities, even if the functional limitations under which a particular disability is related to the objective of age changes in the body caused by that noted before retirement age.
Chapter III the estimated disability and disability expertise in organizing article 7.  The estimated disability and disability expertise rules (1) the estimated disability and disability expertise to carry out a citizen of Latvia, Latvian citizen; The European Union, the countries of the European economic area or the Swiss Confederation citizen or his family who legally reside in the Republic of Latvia; foreigners who have received a permanent residence permit in the Republic of Latvia, the person who has received a permanent residence permit in connection with the granting of refugee status in the Republic of Latvia, or that person's family member who has a permanent residence permit in the Republic of Latvia.
(2) a Person issued a permit in the termiņuzturēšan in the Republic of Latvia has the right to disability and invalidity of the expected expertise, if: 1) it as a socially insured person is entitled to social security services;
2) Republic of Latvia it is granted the alternative status;
3) it is the alternative status got personal family member;
4) it in the Republic of Latvia has been granted temporary protection status;
5 termiņuzturēšan in it) permission is granted in the context of the scientific activity in the Republic of Latvia;
6) Republic of Latvia it is assigned the status of victims of trafficking.
(3) the estimated disability and disability expertise shall be subject to the confidentiality of personal data protection requirements, and different attitudes.
(4) expenses related to the disability and invalidity of the expected expertise shall be borne by the State budget.

(5) the estimated disability and disability expertise shall be carried out and the predictable disabilities or disability down the direct public administration institution "the health and capacity of the National Commission of physician expertise" (hereinafter the National Commission).
8. article. The estimated disability and disability examination (1) the estimated disability and disability expertise carried out by the Commission doctors experts who got the doctor's expert certificate. Medical experts are carrying out an independent expertise.
(2) on the basis of the person's functional limitations, the evaluation of the National Commission shall issue administrative acts of officials, which shall identify: 1) if the person's disability, functional limitation, the degree meets the criteria for determining disability, for a definite period of time (from six months to five years, but the person to disability and the date of the inspection have not reached 18 years of age, well until it reaches 18 years of age) or without repeated inspection deadline (for life);
2) predictable, if the person's functional limitations correspond to the expected degree of disability determination criteria and expected that, without the treatment, rehabilitation and social services will increase and it will meet the criteria for determining disability, for a definite period of time (from six months to one year);
3 uptime percentage of losses) for a definite period of time (from six months to five years) or without repeated inspection deadline (for life) in legislation;
4) cause of disability;
5 the cause of loss of capacity) to persons who do not have a specific disability legislation.
(3) the expected disability, disability and loss of functional capacity shall be determined with the person when it submitted the application, or in the day when it was issued in the form E 213 foreign "detailed medical report in the EEA", if the inspection is carried out in accordance with the Council of 14 June 1971, Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the community.
(4) the complex and unpredictable disability disability expertise in cases before the administrative act to issue, as well as when the administrative act is contested, the National Commission has the power to call upon consultants and send the person to a hospital for further examination, diagnosis and functional limitation to correcting for evaluation on the State budget.
(5) the public officials of the Commission shall assess the person with a disability and the forecast to the person with the disability, necessary measures and: 1) person with predictable disability approved by the referring physician the individual rehabilitation plan;
2) in the case of a person with a disability to reduce or limit the functioning is necessary for the medical and social rehabilitation services, provided the persons concerned declared place of residence the municipality social services recommendations on individual rehabilitation plan, which included also the referring physician prescribed subsequent treatment and medical rehabilitation services;
3) confirms the opinion of the person with a disability or a disorderly persons with disabilities individual rehabilitation measures provided for in the plan, if unpredictable disability or invalidity inspection is carried out;
4) provide individuals with predictable disabilities, persons with disabilities and persons with opinions on the capacity loss of services required, and other benefits, this law and other laws and the implementation of the measures imposed.
9. article. Administrative challenge and appeal against the National Commission officials issued administrative act or actual action can be a challenge to the head of the National Commission. The head of the State Commission's decision can be appealed in court. Opposition appeals against decision and shall not suspend its activity.
10. article.    Individual rehabilitation plan to a person with a disability and the estimated individual rehabilitation plan to a person with a disability (1) individual rehabilitation plan to a person with a disability the forecast is mandatory. Individual rehabilitation plan development the need for person with disabilities National Commission.
(2) in the individual rehabilitation plan to a person with a disability and the forecast in a rehabilitation plan to a person with a disability to be included in the types of measures and deadlines, as well as plan form and plan development and implementation modalities shall be determined by the Cabinet of Ministers.
(3) it is the responsibility of the referring physician: 1) on the basis of the National Commission persons with disability and predictable healing process involved experts, the time to develop an individual rehabilitation plan to a person with a disability and the forecast to control its execution.
2) developed and enforcement of individual rehabilitation plan to a person with a disability, a disorderly interacting with persons concerned declared place of residence the municipality social services, the National Commission and other specialists, as well as the same person;
3 individual rehabilitation plan) by a person with a disability for the expected measures, if necessary, to send a person to the recurrent disability expertise.
(4) it is the duty of the social services: 1) develop individual rehabilitation plan to a person with a disability and to control its execution, if the person concerned has provided service to this law, article 8, paragraph 2, the fifth subparagraph of the above recommendations;
2) developed and enforcement of individual rehabilitation plan to a person with a disability, to cooperate with the treating doctor of the person concerned, if necessary, also with other specialists and the same person, as well as its legal representative.
(5) the Person with a disability and the forecast to the person with a disability is obliged according to the law "on social security" to participate in the individual rehabilitation plan and the plan of implementation of the measures provided for in the course of: 1) take care of your health;
2) to perform the medical treatment of persons, support person, social workers and other professionals involved in the rehabilitation instructions;
3) to cooperate with social service providers, State and local authorities;
4) participate in the implementation of its social rights;
5) actively involved in mainstreaming employment activities.
(6) a Person with a disability and the forecast the person with a disability, as well as that person's legal representatives have the right to a meaningful way for them to get from the referring physician or local social service's information on individual rehabilitation plan included measures and expected results.
(7) a Person with a disability is entitled disorderly writing to opt out of individual rehabilitation plan. It is the responsibility of the referring physician: 1) explain the person with disabilities and more predictable, if necessary, also the legal representative of such refusal;
2) to inform the National Commission of the decision of the person concerned.
(8) a Person with a disability who forecast in writing waived the individual rehabilitation plan, is not entitled to receive priority article 11 of this law referred to in paragraph 2 from the State budget paid for treatment as well as social and vocational rehabilitation services.
(9) If a person with a disability does not comply with the forecast that this article is referred to in the fifth subparagraph, social service provider may fully or partly suspend the provision of social services and this law, article 11, paragraph 2 of the treatment, as well as social and vocational rehabilitation services to the fulfilment of those responsibilities.
(10) a Person with a disability has the right to waive, in writing, the individual rehabilitation plan. The persons concerned declared place of residence the municipality social services is obliged: 1) explain the person with disabilities and, where appropriate, the legal representative of such refusal;
2) to inform the person concerned and the treating doctor State Commission on personal decision.
(11) If a person with a disability does not fulfil the obligations referred to in the fifth subparagraph, social service provider may fully or partly suspend the provision of social services to the fulfilment of those responsibilities.
Chapter IV measures unpredictable disability, disability and invalidity risks mitigation article 11. Disability risk mitigation the Person with disabilities disability expected to avert or mitigate risk: 1) through individual rehabilitation measures set out in the plan;
2) assuring it the right priority to receive under the individual rehabilitation plan from the State budget paid for the treatment as well as social and vocational rehabilitation services. Types of services, receipt of the amount, conditions and procedures are governed by the Cabinet of Ministers;
3) through other legislation specific support measures.
12. article. Disability (1) mitigation implications of disability persons with disabilities reduces:

1) in implementing individual rehabilitation measures set out in the plan;
2) for persons with visual disabilities in Group I who do not receive public benefits for disabled people who need care, except people who are in long-term social care institution, hospital or medical institution in prison until 2012 — December 31, ensuring the right of the municipality after their declared place of residence to receive from the State budget paid Assistant service for up to 10 hours a week;
3) persons with disabilities, with the exception of persons in long-term social care institution, hospital or medical institution prison — from 1 January 2013 shall ensure the rights of local government after it declared place of residence to receive from the State budget paid Assistant service to 40 hours a week;
4) ensuring the right to basic education, general basic education in the professional, general secondary education and vocational secondary education institutions receive from the State budget paid Assistant service move support and self-care;
5) provides the right to receive from the State budget paid surdotulk service up to 480 hours of one academic school year professional elementary education, secondary education and vocational higher education programs for the purpose;
6) provides the right to receive from the State budget paid surdotulk service up to 10 hours of access per month with other natural and legal persons;
7) individuals with disability groups I or II, persons under 18 years of age with a disability and the person accompanying the person with disability groups I or a person under 18 years of age with disabilities, ensuring the rights of national budgetary resources for free use in the territory of the Republic of Latvia all forms of public transport, except for air transport, taxis, and passenger transport services by inland waters;
8 to 18) the person to which disabilities determined first and who live in the family, as well as its legal representative in ensuring the right to receive from the State budget paid psychologist service. The amount of this service and the receiving order is determined by the Cabinet of Ministers;
9) enabling you to receive support for the adaptation of housing for persons with Group I disability, persons with groups see II or hearing disabilities and persons under 18 years of age, for which specific medical indications for the disabled child to special care needed. Cabinet of Ministers shall lay down the conditions and the receipts of the aid arrangements;
10) in implementing other legislation specific support measures.
(2) the first subparagraph of point 3 and 4 Assistant referred to in service are entitled to the person with disability groups I or II and from 7 to 18 years of age with disabilities that, based on the recommendations of the National Commission in the individual rehabilitation plan defines Assistant service need.
(3) the first paragraph of this article 5 and 6 referred to in paragraph surdotulk of the service have the right to be the person with the hearing loss cannot be compensated by technical AIDS and, on the basis of the recommendations of the National Commission in the individual rehabilitation plan is defined in the surdotulk service need.
(4) the order in which the persons referred to in this article shall receive Assistant and surdotulk service, service procedure and conditions governing receipt, the Cabinet of Ministers.
(5) in this article, the surdotulk of Assistant and services granted by the authorities of the country mērķdotācij. Mērķdotācij and receiving the order is determined by the Cabinet of Ministers.
Transitional provisions 1. With the entry into force of this law shall lapse by law "on medical and social protection" (Republic of Latvia Supreme Council and Government Informant, 1992, no. 42; The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1996, no. 22; 2003, no. 2; in 2004, No 9).
2. This law, article 12, first paragraph, point 4 shall enter into force on September 1, 2012.
3. This law, article 12, first paragraph, point 5 shall enter into force on September 1, 2011.
4. This law, article 12 paragraph 6 of the first subparagraph shall enter into force on January 1, 2013.
The law shall enter into force on January 1, 2011.
The Parliament adopted the law of 20 May 2010.
President Valdis Zatlers in Riga V 2010 on June 9.