Incapacity assessment and certification follows new rules

The scheme to assess incapacity in disabled persons follows new rules. With Decree-Law 15/2024 of 17 January now published, the incapacity multi-purpose medical declarations (AMIM) are valid until a new assessment is guaranteed. For this, the presentation of proof of a request made by the new medical board until the end of the certificate’s term is necessary. 

The new rules apply to certificates issued since 1 January 2024 (save for the legal situations already set up). 

With this bill’s entry into force, the medical boards are assured by the local healthcare units and there should be at least one medical board for each of the local healthcare units.

The rule set up during the pandemic for cancer patients is incorporated definitely in the law, ensuring these patients are automatically granted a minimum incapacity degree of 60% in the five-year period following diagnosis without the need for a medical board intervention. In these cases, the incapacity confirmation and AMIM issue must be done by a specialist medical doctor of the healthcare unit where the diagnosis was made,  different from the medical doctor that follows the patient.

According to the new decree-law, congenital conditions or those that confirm a degree of permanent incapacity are exempt from a medical board, according to the criteria that will be set down in an ordinance. 

New rules for medical leave also

Ordinance 11/2024 of 18 January extends from 30 to 90 days the initial period for medical leave for cancer patients and ischaemic heart disease and stroke patients, whereby the concrete definition for each case falls on medical decision. 

For post-op situations, the time limits for the initial period and extension go from 30 to 60 days.

In the event of tuberculosis diagnosis, the initial leave period can be extended by the doctor up to 180 days. 

The new rules will enter into force as of 1 March, the date in which the medical leave will also be issued by emergency wards and in the private and social sector, waiving the need for a consultation in the primary healthcare units for this purpose.