On the review commission on violation appeals in the work of the electronic healthcare system and decision-making regarding disconnection of medical information system from the electronic healthcare system
I. General provisions
1.1. This Provision determines the established order, organizational and procedural foundations of undertaking of the review commission on violation appeals in the electronic healthcare system and decision-making regarding disconnection of medical information system (thereinafter – the “Commission”), as well as rights and obligations of its members.
1.2. Commission is a permanent collegial advisory body of a non-governmental organization “Transparency International Ukraine” operating on the public basis to review inquiries and complaints on violations in medical information system performance (thereinafter – MIC) and decision-making on MIC disconnection from the electronic healthcare system (thereinafter – the “System”).
1.3. The commission’s main responsibilities are:
- receiving and reviewing inquiries, complaints and information from the administrator and users;
- decision-making on MIC disconnection from the System in accordance with the conditions prescribed in the “Regulation on operation of the electronic healthcare system in the framework of the pilot project implementation in regard to ensuring record keeping automation of the provision of healthcare” (thereinafter – the Regulation);
- information disclosure on decision to disconnect MIC from the System.
1.4. In its activity, the commission is guided by the Constitution of Ukraine, bills of the current legislature, the Regulation and this Provision.
1.5. The terms utilized in this Provision are used in the same sense as it is stipulated in the Regulation.
II. Structure and composition of the commision, the rights and obligations of its members.
2.1. Commission structure consists of the head, deputy head, secretary, and its members. Commission structure is presented in Appendix 1 to this Provision. Commission structure changes are introduced by the head of the commission and approved by the decree of the non-governmental organization “Transparency International Ukraine”.
2.2. The head of the commission organizes its activities and is responsible for the execution of tasks and functions assumed by the commission, presides over its sittings and determines the scope of questions to be reviewed. The head of the commission:
- makes decisions regarding commission sittings;
- determines date and format of commission sittings;
- suggest agenda for commission sittings;
- presides over its sittings;
- appoints deputy head and commission secretary;
- determines the functions of secretary and commission members;
- orchestrates preparation of the information to be considered during commission sittings.
If the head of the commission is absent, the deputy head of the commission shall assume his responsibilities. If the head of the commission and the deputy head are absent, responsibilities of the head of the commission are assumed by one of the commission members selected by the commission upon its nomination by the secretary. The decision of the head of the commission on appointing the deputy head and the jury secretary, as well as decisions on other matters, are noted in the commission meeting minutes.
2.3. Commission secretary ensures preparation of commission sittings and materials to be considered during commission sittings, maintaining the commission meeting minutes.
2.4. All members of the commission enjoy equal rights, have equal responsibilities on all questions connected with the commission activity and have one vote making respective decisions during the commission sittings.
2.5. Member of the commission has a right to:
- participate in preparation and chairing of the Steering committee meetings, forming agenda of the Steering committee meetings, discussion of questions examined by the commission;
- get familiarized with the materials examined by the commission and participate in examination of case materials and their checking;
- make suggestions regarding examination of questions of commission’s competence along with the possible questions to be discussed;
- initiate expert and consultant involvement in exploration and discussion of questions examined on the commission sittings;
- in case of disagreement with the decision, voice a separate opinion which is recorded in the commission’s meeting minutes,
2.6. Member of the commission is obliged to:
- participate in the work of the commission in person or remotely, with the help of communication means or other telecommunication services;
- execute to the extent foreseen by this Provision the instructions of the head of the commission;
- obligatory participate in voting.
2.7. Activities of commission members are carried out by every member only within the absence or successful resolving of a conflict of interests. The conflict of interest exists when a member of the commission has a direct or indirect opportunity to use his position for promotion of his personal gain and interests, interests of the facility (organization), to which he or she belongs to (financially, labor, business, legal or other relations), or of interest of his family members, business partners and other closest associates, or when interest of a commission member contradicts public interests. A commission member is responsible to do all necessary and sufficient actions to prevent other actions that can compose conflict of interest.
2.8. A commission member is obligated to file the report immediately in case of any signs of appearance of any conflict of interest or appearance of conflict of interest or about appearance of conflict of his(her) or any other member interest to the Secretary of the Commission.
III. Commission working procedure
3.1. The main forms of work of the Commission are open meetings. Meeting of the Commission is considered competent if more than two thirds of all members are present. Modality of meeting can envisage distant presence of commission members via communication devices and other telecommunication services.
3.2. Date, time and place of the Commission’s meeting are decided by Head of the Commission. The Secretary of the Commission inform Commission members, and also an administrator, complainant and/or his representative, about a subject of complain and other interested persons about the agenda of the planned meeting, date, time and place of holding before hand, and also offers/sends necessary materials by e-mail to the Commission members and interested persons and publish information about commission meeting on official website of NGO “Transparency International Ukraine” www.ti-ukraine.org no less than in 3 days prior to this meeting.
3.3. All interested persons in the Commission meetings are allowed to take part. Persons who are present at the commission meeting can make photo-, video- and audio- devices.
3.4. At the time of meeting, the Secretary of the Commission maintains minutes of a commission meeting, which should include list of people who have been present at the meeting, agenda of the meeting, issues under consideration at the meeting, list of people who have spoken at the meeting, decisions adopted by the Commission.
3.5. A decision of the Commission is accepted by majority of voting commission members. If a number of votes is equal, decision is made by the Head’s vote. A decision of the Commission is issued in the form of minutes which signed by Head and the Secretary.
3.6. The Commission adopts decision about turn of the MIS from the System in a case of appearance of circumstances described in chapter 6.8. of Regulation based on appeal and information from administrator, and/or based on complains of users of MIS. The Commission does not consider anonymous complains and appeals.
3.7. Technical failures related to the work of MIC are registered by the administrator and published on the administrator’s website.
3.8. The Commission considers appeals throughout 20 working days from their receiving. In time of consideration the Commission sends inquire to the operator to get explanation for the appeal or complain. If necessary the Commission has a right to use experts and consultants in a consultative capacity for an explanation. Co-workers of MIS or people connected with them cannot be used as an expert.
3.9. The Commission adopts decision on necessity of turning of the MIS from a System based on all received materials and throughout 1 work day informs operator by sending the message on an electronic address simultaneously publishing the message on the administrator’s website.
of the Review Commission on Violation Appeals within Medical Information System and decision-making regarding disconnection of the medical information system from the electronic health system.
BUHAI Yurii Oleksiiovych Head of eHealth project office of NGO Transparency International Ukraine
ZHUK Pavlo Viktorovych Chief Technical Officer, eHealth project office of NGO Transparency International Ukraine
MAKARENKO Kateryna Mykolaivna Head of ІТ development, eHealth project office of Transparency International Ukraine
NAUMOVETS Hryhorii Antonovych Consultant in eHealth of Ministry of Health-care (by agreement)
PISKUN Andrii Mykhailovych Adviser to Head of the State Agency for E-Governance (by agreement)
SVIENTIUKH Oleh Vitaliovych Legal Counsel in access to treatment, NGO «All-Ukrainian network of people who live with HIV/AIDS» (by agreement)
SHEVCHENKO Iryna Oleksandrivna
External Adviser to Minister of Healthcare of Ukraine (by agreement)