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He Real Decree 625 / 2014, of 18 of July, by which is regulate certain aspects of the management and control of them processes by disability temporary in them first three hundred sixty and five days of its duration, has come to establish a new regulation that affects in several issues of the management of the referred situation of inability temporary. Such regulation responds, among other reasons, to certain legal reforms introduced in recent years in respect of temporary incapacity, and progress in the means of coordination of actions between the various entities involved in its management.
The amendments introduced by Royal Decree 625/2014 have affected, mainly, the expedition of the medical parts of baja, confirmation and high, so maintaining rigour in the finding of the illness or injury of the worker and their impact on your ability to do the job, save paperwork and suits the parties issuing the estimated duration of each process. To do this, have established protocols of temporality of the medical acts of confirmation of downward depending on the estimated duration of the process, which will be set by the corresponding to their medically optional, so having an optimal duration tables based on the diagnosis, the occupation and the age of the worker.
Likewise, the Royal Decree 625/2014 improves mechanisms of communication, coordination and collaboration among the various entities involved in the management of temporary incapacity, as well as the control possibilities of the provision, in order to lighten the paperwork and existing charges today.
The application of the cited real decree requires, of a part, it put in practice of different mechanisms instrumental, basically, of them new models of parts medical of low / high and of confirmation in them processes of disability temporary, following for this purpose them forecasts contained in this standard and, of another, the necessary development of certain precepts of the standard regulatory. It is this ministerial order.
In the process of their processing, the order has been submitted to consultation of the public administrations involved and the social partners and has also been informed by the Ministry of health, social services and equality.
Order is issued in accordance with the provisions of article 5.2. b) of the text of the General Social Security Act, approved by Royal Legislative Decree 1/1994, of 20 June, and the final disposition of Royal Decree 625/2014, July 18 seventh.
In his virtue, in use of the powers conferred upon them, have: CHAPTER I rules general article 1. Medical reports of temporary disability.
Of conformity with it planned in them articles 2 and 5 of the Real Decree 625 / 2014, of 18 of July, by which is regulate certain aspects of the management and control of them processes by disability temporary in them first three hundred sixty and five days of its duration, is approve them models of them parts medical of low / high and of confirmation of the disability temporary listed as an attachment to this order.
Workers must provide physicians who appropriate the expedition of the mentioned medical reports the data required for their correct completion.
Article 2. Types of temporary disability on the basis of their estimated duration processes.
(1. in accordance with it established in the article 2.3 of the Real Decree 625 / 2014, of 18 of July, is distinguished four types of processes of incapacity temporary, according to what is its duration estimated: to) process of duration estimated very short: lower to five days natural.
(b) process of life dear short: from 5 to 30 days natural.
(c) process of estimated duration average: 31 to 60 calendar days.
(d) estimated duration process long: 61 or more days.
2 corresponds to the optional issuing the medical part low and confirmation determine, at the time of their expedition, the estimated duration of the process. The physician may alter that duration estimated at a later time as a consequence of the modification or update the diagnosis or the health development of the worker. For that purpose, as provided for in article 2.4 of Royal Decree 625/2014, on 18 July, it will emit a part of confirmation that will include the new estimated duration and, where appropriate, the framework for the process in a different type from those provided for in the preceding paragraph.
3. for the purposes of assigning the estimated duration for each process, the physician will have tables of optimal duration of different pathological processes generate disability, as well as tables on the level of incidence in different work activities. These tables will be provided and reviewed periodically by the National Institute of Social Security.
CHAPTER II forwarding of the medical reports of low and confirmation article 3. Forwarding of the medical parts of baja.
1. the part medical of low of incapacity temporary, any that is the contingency determinant, is issued immediately after the recognition medical of the worker, by the optional of the service public of health that it perform, using the model that figure as annex I.
Where the low medical arising out of an accident at work or an occupational disease, whose coverage corresponds to a mutual associate with Social Security, on mutual, will be the optional of medical service of their own mutual which, immediately after the medical examination of the worker, issued the medical part of low using the model which appears as annex I.
2. when the public health or the mutual service optional considers that it is a process of very short estimated duration, it will emit the low and high part in the same medical act. To do this, you will use a single part depending on the model, which appears as annex I, by indicating, together with data relating to the low, the identification of the same date, which may coincide with the day of the low or lie within three calendar days and the high.
However, the worker may request that he occurs you a medical examination the day that has been fixed as the date of discharge, and the optional, if it considers that the worker has not recovered its working capacity, may modify the duration of the process estimated initially, approving, for effect, a part of confirmation of baja, in the manner provided in article 4. In this first part of confirmation, which invalidates the high in the lower part, indicate the diagnosis, the new estimated duration and the type of process as set out in article 2.1, as well as the date of the following medical review.
3. when the public health or the mutual service optional consider that it's a process estimated duration short, medium or long, shall indicate the date of the next scheduled medical review which, in any case, exceed in more than seven calendar days from the date of the medical on the part of low, processes of estimated duration being cut or half , or fourteen days in the case of processes of long duration estimated.
On the date of the first medical review will extend the party high, or where applicable maintain downward, the first part of confirmation, as described in the following article.
Article 4. Issue of the confirmation of the low parts.
1. the parts of confirmation will be issued by the corresponding optional public service health, or the mutual when temporary inability to derive a professional contingency covered by the same, using the model contained as annex II.
(2. them parts of confirmation is issued depending on the duration estimated of the process, according to the following rules: to) in them processes of duration estimated very short not proceed the emission of parts of confirmation, without prejudice of it indicated in the article 3.2 paragraph second.
(b) estimated short-lived processes: the first part of confirmation will be issued within a maximum period of seven calendar days from the date of the medical. The second and successive parts of confirmation will be issued every 14 calendar days maximum.
(c) average estimated duration processes: the first part of confirmation will be issued within a maximum period of seven calendar days from the date of the medical. The second and successive parts of confirmation will be issued each twenty-eight calendar days, maximum.
(d) processes long estimated duration: the first part of confirmation will be issued within a maximum of 14 calendar days from the date of the medical. The second and successive parts of confirmation will be issued every thirty-five calendar days, maximum.
In any case, regardless of what was the estimated duration of the process, the optional issue medical discharge for cure or improvement that enables routine work, where it considers that the worker has recovered its ability to labor, or by motion for permanent disability, or a situation of maternity home.
If the worker does not attend the medical review provided in the parts of baja and confirmation, you may deliver medical discharge for failure to appear.
Produced a modification or update of the diagnosis or a variation of it duration estimated depending on it evolution health of the worker, is will emit a part of confirmation in which is will make consist the diagnosis updated, the new duration estimated and the date of the following review. The later parts of confirmation shall be issued on the basis of the new estimated duration.
3. when a worker in a situation of temporary disability pass to receive healthcare in a public health service other than that had come with it, this circumstance will be reflected in the part of confirmation immediately preceding, by filling in the corresponding section. This part will also indicate date that shall perform the following medical review by the new public health service.
4. the optional of the public health service or the optional of the mutual if it's professional contingency in charge of it, where it delivers the last part of confirmation prior to the exhaustion of duration of 365 calendar days, inform the worker in the Act of medical examination once exhausted the referred period, control of the process shall be hereinafter to the National Institute of Social Security in the terms established in article (128.1 to) of the General Social Security Act, informing him that it will not issue more parts of confirmation. All of this notwithstanding that the public health service or the mutual continue you health care counselling their State.
For this purpose, in this part of confirmation, the optional, rather than the date of the next medical review, shall provide the part corresponding to the switch to control by the National Institute of Social Security, noting the date of completion of 365 calendar days in a situation of temporary disability.
The public health service shall electronically to the National Institute of Social Security the date of exhaustion of 365 days immediately to compliance and, in any case, no more later than the first working day following.
5. in the processes in which the subsidy is in charge of a mutual, what ever the contingency that derived, the National Institute of Social Security shall inform it, immediately, that the process has reached the 330 days in duration according to the existing data in the databases of the system, indicating that from the exhaustion of 365 days (, the entity manager will exercise them competencies that you correspond in accordance with the article 128.1. to) of the text consolidated of the law General of it security Social, approved by the Real Decree legislative 1 / 1994, of 20 of June.
In the case of processes derived from professional contingency, the mutual, once received indicated communication and until the temporary disability reaches the 345-natural day, can make to the National Institute of Social Security a motivated proposal of performance in any of the ways indicated in the quoted article 128.1. to) second subparagraph. This proposal does not will be binding for the Institute national of the Security Social.
This Institute will give express resolution in the exercise of competencies concerned, any that is contingency.
Article 5. Complementary reports.
In them processes of disability temporary of duration estimated upper to 30 days natural, whose management appropriate to the service public of health, any that is the contingency of that derived, the second part of confirmation of it low, and which correspond according to it planned in the article 4.1 of the Real Decree 625 / 2014, will be accompanied of a report medical complementary completed and updated by the optional that issued the part of confirmation in the terms and the content indicated in that article.
CHAPTER III statement of high medical in the processes of incapacity temporary article 6. Forwarding of medical reports of high for the public health or the mutual service optional.
1. the medical part of high shall be issued by the physician of the corresponding public service health, or the mutual if the process derives professional contingency covered by it, after the recognition of the worker, using the model attached as annex I.
2 medical discharge will determine the extinction of the situation of temporary disability and the resulting subsidy the day of issue, without prejudice to that corresponding health services continue to provide worker health care counselling their State.
Article 7. Expedition of high medical for those inspectors medical of the services public of health.
Inspectors the respective public health service physicians who, in accordance with the provisions of article 5 of Royal Decree 625/2014, issued parts of medical discharge, use annex I model. The processing of the part of high, of which were delivered two copies to the worker, will be the planned in the chapter IV of this order.
Article 8. Forwarding of high medical inspectors physicians attached to the National Institute of Social Security and the Social Marine Institute.
1 inspectors doctors from the National Institute of Social Security and the Social Marine Institute which, in accordance with the provisions of article 5 of Royal Decree 625/2014, issued parts of medical discharge, will use the model contained as annex I. The processing of the part of high, of which two copies will be given to the worker, will be provided for in articles 10, 11, 12 and 13 of this order.
He Institute national of it security Social or the Institute Social of the Marina, according to corresponds, will give transfer electronically of the part of way immediate and, in all case, in the first day skillful following to the of such expedition, to the service public of health, for its knowledge, and to the mutual when, trying to is of contingencies common, you corresponds it coverage of it provision economic.
2. in cases in which the mutual formulated the National Institute of Social Security, or the Social Marine Institute requests for discharge, as provided for in article 6.3 of Royal Decree 625/2014, will do so via telematics. The managing body will resolve within four days laid down in that article.
If the managing entity considers that not be requested by the mutual discharge, shall communicate this to the via telematics, immediately and, in any case, on the first business day following the one in which it had adopted that decision.
If the managing entity considers that the high sought by the mutual comes, the corresponding part, in accordance with paragraph 1 of this article shall be issued. The processing and communication of the aforementioned party will be, also in accordance with the designated in paragraph 1.
3. when in a process of temporary incapacity has been issued the medical part of high by the National Institute of Social Security, or, where appropriate, by the Social Marine Institute, through inspectors physicians attached to such entities, these will be the only competent to issue a new low for the same or similar pathology through such inspectors , during them cent eighty days natural following to the date in that is issued the high, using for this the model of the annex I. such low will be interconnecting to the service public of health as well as to the mutual when you appropriate the coverage of the provision economic. In those cases, the control of the situation is take to out, starting from that time, directly by the Institute national of the Security Social or the Institute Social of the Marina, without appropriate the expedition of parts of confirmation.
CHAPTER IV common rules on the processing of the medical parts of low/high and confirmation article 9. Remission of the medical parts of low/high and confirmation by the mutual and public health services.
Public service health or the mutual, depending on who has been issued, shall forward the part of high/low and confirmation to the National Institute of Social Security, via telematics, immediately and, in any case, on the first working day of his expedition.
Exceptionally, if the optional not available indicated media, performances will take place through the medical reports on paper. However, in these cases, the data corresponding to these parts must be transmitted electronically to the National Institute of Social security by the public health service or the mutual in the two working days following their issue.
Article 10. Delivery of the part to the worker and presentation in the company of the copy for it.
1. the optional of the public service of health or the mutual issuing the medical part of low/high and confirmation will deliver workers two copies of it, one for the person concerned and one bound to the company.
2. the worker is obliged to submit to the company the copy of the parts of baja and confirmation for it, within the period of three days from the date of issue.
Also, is obliged to present to the company the copies destined to she of the part of high within them 24 hours following to your expedition.
Similarly, in very short estimated duration processes, the worker shall submit to company copy of the part of low/high for it within 24 hours of the date of discharge. Exceptionally, if the optional issued the first part of confirmation because it considers that the worker has not recovered its working capacity, as referred to in the second subparagraph of article 3(2)., the worker shall submit it to the company within 24 hours to his expedition, together with the low initial part.
However, if the employment relationship ends during the situation of temporary disability, starting from the time the worker must present the copy of the confirmation and parts to the company, the managing body or mutual high covering the economic benefit for temporary disability, within the same time limits referred to in the preceding paragraph.
Article 11. Processing by the entrepreneur.
1. the company recorded in the issue of the low part delivered by the worker contribution data relating to the same, for the purposes of the determination of the regulating base of the economic benefit for temporary disability. Also recorded the key of the code national of occupation, the code of the province of the center of health in which is has issued the part medical and them data generic that is established to effects identification of the process and of the company, defined through the system of remission electronic of data (NETWORK).
2. the company has the obligation to transmit to the National Institute of the Social Security, the part of baja, confirmation or high presented to it by the worker, after complete paragraphs to it concerning, through NETWORK system, immediately and, in any case, within the maximum period of three working days from its receipt. Such obligation corresponds to companies even if they have taken payment, responsible of the economic benefit for temporary incapacity, in regime of voluntary collaboration, in accordance with article 77.1. a) and (d)) of the General Social Security Act.
Required to file copies of the medical reports, NETWORK system, will also reach groupings of enterprises and collegiate professionals which, by agreement or representation of the company, come presenting present such medical reports are or and are authorized for the use of such a system.
3. the access to the consultation, the treatment and the exploitation of them data that appear in it copy of them parts referred according to it indicated in this article only may be made by the Institute national of it security Social and, in its case, the Institute Social of the Marina or it mutual corresponding. Also, the access to the consultation of them data that listed in the copy of them parts referred may perform is by the Treasury General of it security Social exclusively in relation to those aspects that determine conditions of quote specific with regard to them workers in situation of low medical.
In any case, transmission, transfer, treatment and exploitation of data collected in copies of the medical reports, submitted in accordance with the provisions of this article, are subject to the provisions of the organic law 15/1999, of 13 December, of protection of data of a Personal nature.
4. the telematic presentation of copies of the medical reports indicated will determine that they not be present in paper.
Models of the copies of the medical reports on paper must be kept by the companies for a period of four years, counted from the date of filing the same telematic.
Article 12. Special rules apply to certain workers.
Temporary disability processes that proceed direct payment of subsidy by the entity manager or partner, will correspond to interested parties submit to it the medical parts of low/high or confirmation, using the copy for return to the company.
Presentation of the listed parties will be, at most, within the time limits referred to in article 10(2).
Article 13. Processing by the National Institute of Social Security.
The National Institute of Social Security will give the procedure that corresponds to the medical parts of low/high and confirmation for himself. For processes arising from common contingency, the National Institute of Social Security shall transmit the Social Marine Institute, or the corresponding mutual, immediately and in any case on the first working day following the receipt of, the medical parts of low/high and confirmation of workers to cover the economic benefit for temporary disability arising from the above contingencies.
CHAPTER V Control of the situation of incapacity temporary article 14. Control by the public health service medical inspection services.
1. in them processes whose management corresponds to the service public of health, quarterly, to count from the home of the situation of disability temporary, the inspection of services health of it security Social u organ equivalent of the respective service public of health, or the medical of attention primary low its supervision, issued a report medical of control of it inability in which must consist all them ends that , in medical opinion, justify the need to maintain the process of temporary disability.
2 public health services, within the period of five days from its issuance, shall be cited medical inspection reports available to the inspectors doctors attached to the National Institute of Social security or the Social Marine Institute, or of physicians of the mutual respect the processes by common contingency coverage corresponds to them. The same obligation will exist with regard to them reports medical complementary and their updates to is concerns the article 5, and them tests medical that is carried out along the process.
First additional provision. Optional e inspectors medical of the Instituto Social of the Marina.
References that are made in the present order of the public health service physicians, as well as the medical inspectors of the public health service, shall be made to physicians or medical inspectors of the Social Marine Institute in those cases where the latter exercising the same functions, have not led to the transfer of the competence of health care to an autonomous community.
Second additional provision. Temporary disability during the partial retirement allowance.
He subsidy of disability temporary, any that is it contingency of which derive, caused by a worker in situation of retirement partial, will be paid in regime of payment direct, in all case and by the duration that corresponds, by the entity manager or collaborator relevant, without operate the regime of collaboration compulsory to is concerns the article 16.1. ((b) and (c)) of the order of November 25, 1966, by which regulates the collaboration of the companies in the management of the General regime of the Social Security.
The managing body or collaborator will inform the start of payment of the subsidy the company worker in direct payment scheme, as well as its completion.
Third additional provision. National Institute of health management.
References to public health services that are contained in this order are to be understood also performed at the National Institute of health management, managing body of Social security which has the management of the health services in the area of the cities of Ceuta and Melilla.
Sole transitional provision. Ongoing processes.
The new models of medical reports be used in processes of temporary disability that are in progress on the date of entry into force of this order and not 365 days have passed.
However, with respect to the above processes, such models as well as the complementary reports shall be issued with the periodicity and the compulsory data required by the former regulations.
The rules laid down in this order as well as new models of parts of low/high and low confirmation shall apply to periods of relapse in temporary disability processes initiated prior to the date of entry into force of the order, where the new low medical be issued subsequent to that date.
The transmission of data relating to the processes referred to above and the parties will take place in accordance with provisions in this order from its entry into force.
Sole repeal provision. Norms that are repealed.
They are hereby repealed many provisions of equal or lower rank to oppose this order and, specifically, order of April 6, 1983, by which dictate standards for the purpose of control of the situation of incapacity temporary in the Social security system; the order of 19 June 1997, which develops the Royal Decree 575/1997, of April 18, and the order TAS/399/2004, of 12 February, on presentation in support of the medical parts of baja, confirmation of temporary disability processes for the low and high.
First final provision. Skill-related title.
This order is issued under cover of the provisions of article 149.1.17. ª of the Spanish Constitution, which attributes to the State the exclusive competence in the field of economic regime of Social Security.
Second final provision. Modification of the order of October 13, 1967, which lays down rules for the implementation and development of the benefit for temporary incapacity for work in the General regime of the Social Security.
He paragraph 2 of the article 9 of the order of 13 of October of 1967, by which is established standards for it application and development of the provision by inability labor transient in the regime General of it security Social, is drafted in them following terms: «in the event that the worker is given of high without disability permanent» you will be entitled to receive the subsidy corresponding to the day's high.'
Third final provision. Powers of implementation.
Is empowers to the Secretariat of State of it security Social to dictate the provisions necessary for the application of this order.
Fourth final provision. Entry in force.
This order shall enter into force the first day of the sixth month following its publication in the "Official Gazette".
Madrid, 15 June 2015.-Minister of employment and Social Security, Fátima Báñez García.
ANNEX I ANNEX II
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