This measure seeks to expedite and simplify the communication process of medical reports, eliminating the need for deliver paper copies and reduce waiting time for the processing of medical reports
The Government has introduced modifications in the management and control of processes for temporary disability (IT) in the first 365 days of their duration.
As of April 1, 2023, the obligation of medical practitioners to provide workers with a paper copy of their sick leave, confirmation and discharge medical reports for the company is abolished.
Instead, communication between the issuing entities and the INSS will be telematic, preventing procedures that can be serious for people who are in a situation of temporary disability and taking advantage of the possibilities of improving the effectiveness and efficiency offered by technology.
In addition, the worker will no longer be obliged to deliver to the company the second copy of the medical leave and discharge reports that the employee was obliged to send to his company, by the means chosen by the worker himself. It will be the company that has to obtain the information from the Administration.
In the event that the doctor does not have telematic means to send the data, the actions will be carried out through the parts on supporting paper according to the models that are included in the annexes of the ministerial order.
These changes in the part models seek to improve the effectiveness and efficiency in the management of processes due to temporary disability.
Link to the publication in the BOE: HERE
SUMMARY OF MEASURES
- THE EMPLOYEE NO LONGER HAS TO DELIVER PART TO THE COMPANY
The physician who issues the medical leave, confirmation or discharge, will only deliver a copy of the part to the worker (the copy for the worker), eliminating the second copy and thus avoiding that she be the one who have to deliver the report to the company, management entity or Mutual.
- COMMUNICATION OF DATA TO THE NATIONAL INSTITUTE OF SOCIAL SECURITY (INSS)
The obligation of workers to notify the report to the company is eliminated so that it notifies the INSS, and from the month of April, it will be the Public Health Service, the Mutual Company or, where appropriate, the collaborating company, who will send the data contained in the medical reports of withdrawal, confirmation and discharge to the INSS, by electronic means, (RED System) immediately, and, in any case, on the first business day following its issuance.
- COMMUNICATION OF THE CONTENT OF THE PARTY TO THE COMPANY
The INSS will be the one who communicates the deregistration, confirmation and registration reports to the companies.
It will only transmit the identifying data of a purely administrative nature related to the medical reports of discharge, confirmation and discharge issued by the physicians of the public health service or the Mutual Society, referring to their workers, at the latest, on the first business day following upon its receipt at said Institute, for its knowledge and compliance, where appropriate, with the provisions of the following paragraph.
- OBLIGATION OF THE COMPANY
The company, once it receives the communication from the medical leave of a worker, has the obligation to transmit it to the INSS, through the file "INSS EMPRESAS" of the Electronic Data Submission system (RED), immediately and, in any case, within a maximum period of three business days from the receipt thereof, the data determined in Annex III of Order ISM/2/2023, of January 11.
Failure to comply with the aforementioned obligation may constitute, where appropriate, an infringement of those typified in article 21.4 of the consolidated text of the Law on Infringements and Sanctions in the Social Order.
- REVIEW DEADLINES FOR DISCHARGE PROCESSES BY PHYSICIANS
It is expressly allowed that the doctors of the Public Health Service, of the collaborating company or of the Mutual Company, can, during the medical leave process, set medical review periods that are shorter than those indicated depending on the duration of the process; point that until now gave rise to different interpretations (article 2.3, RD 626/2014, of July 18).
- WHAT TO DO BEFORE THE ABSENCES OF WORKERS?
With the new procedure for the processing of the registration, cancellation and confirmation reports, in the absence of the worker in the company, who can initiate a procedure of leave due to Common Illness, Non-occupational Accident or Work Accident, they must communicate it to this office in order to carry out the appropriate verifications. However, from our office the INSS will be sent, within the established period, the reports of discharge or discharge that are received by the RED System.