SuperAbile






In Normativa e Diritti


Regulation for the delivery of interventions for the functional recovery of the person, for the autonomy and for the reinsertion in the life of relationship

The interventions governed by these Regulations constitute institutional services that contribute to the implementation of the comprehensive integrated protection of persons referred to in Article 3 and are aimed at the maximum possible recovery of psychophysical integrity

18 febbraio 2022

Head I Common dispositions
 
Article 1
(General principles)

 
1. The current Regulation, in accordance with the UN Convention on the Rights of Persons with Disabilities, ratified by Law No. 18 of 3 March 2009, is inspired by the principles of accessibility, social participation and non-discrimination and implements the definition of disability as result of the interaction between people with impairments and behavioral and environmental barriers that prevent full and effective social participation on an equal basis with others.
 
Article 2
(Purposes)

  1. The interventions governed by these Regulations constitute institutional services that contribute to the implementation of the comprehensive integrated protection of persons referred to in Article 3 and are aimed at the maximum possible recovery of psychophysical integrity. 
Article 3
(Recipients)


 1. The recipients of current Regulation are: 
a) the injured / technopathic insured with Inail against whom physical and / or mental impairments of any degree have been recognized as a result of an accident at work or an occupational disease;

b) the injured / technopathic insured with Inail during the period of absolute temporary inability if it is foreseeable that there will be an impairment of psychophysical integrity of any degree;
 
c) the injured / technopathic insured with Inail during the period of absolute temporary inability, for which it is not foreseeable that there will be an impairment of psychophysical integrity, limited to the interventions referred to in Head II of current Regulation.

2. The interventions referred to in Article 19, paragraph 1, lett. a), may also be paid in favor of the spouse, the civilly united person, children, parents, brothers and sisters, as well as cohabitants resulting from the family status of the injured / technopathic family.

Article 4
(Categories of interventions)

  1. The interventions are grouped, according to the specific, although not exclusive, purposes, in the following categories:
a) Interventions for the functional recovery of the person. This category includes the supply of customized and standard prostheses, orthoses and aids, including advanced technology, as well as disposable medical devices, aimed at compensating for a functional limitation, maintaining postural conditions, allowing the execution of action and to reduce and / or eliminate limitations in carrying out activities of daily living.
b) Interventions for autonomy in home and in mobility. This category includes masonry works and the provision of devices necessary for the removal and / or overcoming of architectural barriers, the provision of computer aids aimed at facilitating communication and access to information, home automation aids, furnishings, plant modifications and adaptation of the means of transport, aimed at guaranteeing the usability of the home environment and autonomy in external mobility and travel.
c) Interventions for reintegration into relational life. This category includes initiatives aimed at contributing to the creation of the conditions necessary for the reintegration of the injured / technopathic in family and social life.

Article 5
(Appropriateness of interventions)

  1. The interventions are identified in consideration of the specific functional limitations of the person and the needs of autonomy and reintegration in their respective life contexts, ensuring their appropriateness, also through an inter- professional working method, by means of the multidisciplinary team.
Article 6
(Ownership, loan for use and rental of devices)

  1. The devices are, normally, transferred to the property of the injured person / technopathic.
  2. Inail reserves the right to identify, with a separate act, the devices which, due to their specific technical characteristics, are transferred on loan for use.
  3. In case that the use of the device is limited in time, the same can be rental the object.
  4. The injured person / technopathic is in any case responsible for the custody and good held of the device received.
Article 7
(Travel and staying expenses)

  1. Travel and subsistence staying incurred by the injured person / technopathic to go to structures other than those of the Institute, for the purpose of providing the interventions referred to in current Regulation, may be reimbursed according to the methods and within the limits indicated in the implementing circular.
Head II
Interventions for the functional recovery of the person


Article 8
(Provision of interventions)

  1. The interventions for the functional recovery of the person consist in the delivery of the following devices:
a) built or custom by a professional authorized to practice the specific health profession or auxiliary health art, including additional and maintenance, repair, adaptation or replacement of components of each device;
b) of continuous or mass production which, to ensure correct use by the injured person / technologic, must be applied by the qualified health professional;
c) of continuous or series production that do not require application by a licensed healthcare professional.
 
2. Inail directly disburses the devices referred to in the previous paragraph produced or adapted at the Prosthesis Center of Vigorso di Budrio and its branches or acquired on the market.

3. The Institute disburses the devices referred to in paragraph 1 also indirectly, holding the injured / technopathic persons harmless from the cost of the amount due to the supplier freely chosen by themselves.

Article 9
(Disbursement in indirect form)

  1. The injured / technopathic, in exercising the freedom of therapeutic choice, can independently identify the supplier of the devices referred to in letters a) and b) paragraph 1, of Article 8, authorized by Inail.
  2. The injured / technopathic independently identify the economic operator to whom to contact for the supply of the devices referred to in Letter c), paragraph 1, of Article 8 which are not directly supplied by INAIL.
  3. In any case, the injured / technopathic are required to contact only authorized operators, in accordance with current legislation, to carry out the specific supply.
  4.  Inail acquires the estimate of the chosen supplier, compiled in accordance with the indications set out in the implementing circular current Regulation, verifies its appropriateness as well as its technical correctness, assesses the appropriateness of the fee requested and, in the event of a positive outcome, authorizes the supply, incurring the related charge, up to the amount of the reasonable result.
  5. For devices included in the tariff nomenclator, Inail bears the cost of the fee up to the maximum amount indicated therein.
  6. In cases where the injured person / technopathic, in the absence of the authorization referred to in paragraph 4, contacts a supplier of his choice, for reasons of necessity, urgency and with the aim of not compromising his health and / or functional autonomy, the Institute, having verified the urgency, necessity and appropriateness of the device, assumes responsibility for the supply up to the amount deemed appropriate pursuant to the aforementioned paragraph 4.
Article 10
(Delivery and testing of devices)

  1. The injured person / technopathic is required to sign the documentation certifying the delivery of the device.
  2. The injured person / technopathic is also required, when required, to submit to the Inail testing the device, on the date communicated by the Institute.
  3. In case of a positive outcome of the acceptance test, the external supplier is authorized to issue an invoice. In any case, after 20 days from the date on which the delivery receipt is received by Inail, the issuance of the invoice is authorized even in the absence of testing.
Article 11
(Device maintenance and repair costs)

  1. The costs of maintenance or repair of the devices not carried out directly by Inail are borne by the Institute only if the maintenance or repair has been previously authorized.
  2. In absence of authorization, the Institute will bear the costs, as resulting from the invoices issued by the supplier, up to the amount deemed appropriate, only after verifying the need and urgency of maintenance or repair.
  3. If the test, referred to in Article 10, was not carried out for reasons attributable to the injured person / technopathic, the Institute does not bear any related charges to the maintenance and / or repair of the supplied device.
Article 12
(Device renewal)

  1. Inail authorizes the renewal of the device in use, even at the request of the interested party, upon the occurrence of one of the following conditions:
a) expiry of the minimum renewal time, indicated for each of the devices in the application circular of this Regulation, provided that the device in use is deemed unsuitable;
b) changes in the psychophysical state that determine the non-appropriateness of the device in use for the purpose of maintaining the autonomy of the person in his life context;
c) accidental breakage or wear, which results in the technical impossibility of repairing or its economic inconvenience or the imperfect functionality of the repaired device;
d) technological innovations that make available devices judged by the Institute necessary to ensure a greater level of autonomy for the injured person / technopathic.
 e) loss or theft of the device supplied, acquired a copy of the report made to the judicial police authorities.

Head III
Interventions for autonomy


Article 13
(Type of interventions for autonomy in home and in mobility)

  1. The interventions for autonomy, aimed at allowing accessibility and usability of home as well as restoring autonomy to the injured / technopathic, are as follows:
a) masonry works for the removal and / or overcoming of architectural barriers;
b) supply and installation of devices for overcoming barriers architectural, such as stair lifts, elevators, lifts, ramps and slides;
c) functional adaptations and system modifications, including the necessary masonry works, aimed at making the sanitary ware, taps, controls for electrical and special systems, etc.; suitable for the type of disability;
d) supply and installation of microclimate control systems;
e) supply and / or adaptation of furnishings;
f) supply and installation of IT devices;
g) supply and installation of home automation devices;
h) supply of special controls and adaptation of vehicles.

Article 14
(Supplying of interventions)

  1. Inail can directly provide interventions that consist in the supply of devices, special controls or furnishings, produced or adapted at the Prosthesis Center of Vigorso di Budrio and its branches or that Inail is in any case able to supply having acquired its availability on the market, provided that the direct form is the one that best meets the principles of timeliness or, in any case, causes the least possible inconvenience for the client.
  2. The same interventions can also be provided indirectly.
  3. Interventions that involve the construction of masonry works, functional adjustments and plant modifications are always provided in an indirect form, in compliance with the principles of home protection.
Article 15
(Disbursement in indirect form)

  1. The implementation of the interventions is authorized by INAIL, subject to a positive assessment of the appropriateness of the same and the congruity of the costs resulting from the estimates of the operators selected by the injured person / technopathic, and verification of the issue of all cleared, authorizations, concessions, licenses required by current legislation.
  2. The masonry works, even when necessary for the installation of the devices referred to in article 13, and the plant modifications can be carried out in real estate units that constitute the habitual residence of the injured person / technopathic and on which I myself or his family / cohabitants resulting from the family status have the right of ownership or other real or personal right of enjoyment. In the case of personal right of use, the masonry works and plant modifications can only be carried out with the consent of the owner of the property and the adequacy of the interventions is assessed in relation to the duration of the right. If the real estate unit is co-owned, the written consent of all co-owners must be obtained. The Institute bears the costs for the interventions necessary to restore the original state of the places - as ascertained in the authorization of the works - if, upon release of the real estate unit, the obligation arises upon express request of the owner of the real right, within the limits and under the conditions set out in the implementing circular.
  3. In case that the interventions affect external parts of a real estate unit not owned by the injured person / technopathic or condominium parties, it is necessary to acquire the written consent of the owner and / or the assembly of condominiums, without prejudice to the provisions of Article 78, paragraph 2, of Presidential Decree n. 380/2001.
Article 16
(Reimbursement of costs incurred by the injured person / technopathic)

  1. Inail, having valued the compliance of the interventions carried out with respect to those authorized, reimburses the costs incurred by the injured person / technopathic, as resulting from the invoices issued by the suppliers chosen by the same, within the limits of congruity referred to in Article 15.
  2. Amounts in excess of those already assessed as fair can be reimbursed in case of higher costs resulting from contingencies not foreseen in the authorization phase, in cases and according to the procedures set out in the implementing circular.
  3. Inail, in case of authorization of interventions referred to in letters a) b) c) d) of the previous art. 13 to be paid indirectly, may order the payment of advances if the cost of the interventions exceeds the amount indicated in the implementing circular current Regulation or, in any case, if the request for an advance is motivated on the basis of the particularly difficult economic conditions of the injured person / technopathic, where it appears that they do not allow any anticipation of sums.
  4. If the injured / technopathic assisted person, adducing reasons of necessity and urgency - in the specific cases and within the limits provided for by the implementing circular - carries out the interventions without prior authorization, Inail, having verified the existence of the aforementioned reasons of necessity and urgency, as well as all the requirements and conditions referred to in Article 15 (cleared, authorizations, concessions, written consents, appropriateness of interventions, etc.) reimburses the costs incurred for the implementation of the same interventions, as evidenced by the invoices issued by suppliers, within the limits of the amount deemed appropriate by the Institute itself.

Article 17
(Device maintenance and repair costs)

  1. The costs of maintenance or repair of devices not carried out directly by INAIL are borne by the Institute only if the maintenance or repair has been previously authorized.
  2. In absence of authorization, the Institute will bear the costs, as resulting from the invoices issued by the supplier, up to the amount deemed appropriate, only after verifying the need and urgency of maintenance or repair.
Article 18
(Renewal of interventions)

  1. Inail authorizes the renewal of the interventions referred to in current Head upon the occurrence of one of the following conditions:
a) changes in the psychophysical state that cause the intervention to be inappropriate for the purpose of maintaining the autonomy of the person in his or her life context;

b) change of residence for reasons beyond the control of the injured person / technopathic (for example: eviction, transfer of the place of work, etc.) or personal and family needs that make it necessary to change the property;

c) expiry of the minimum terms for renewal of the device, if provided for in the circular application of current Regulation, provided that the device in use is deemed unsuitable;  

d) accidental breakage or wear resulting in the technical impossibility or economic inconvenience of repairing the device;
 
e) technological innovations that make available devices judged by the Institute necessary to ensure a greater level of autonomy for the injured person / technopathic;

f) loss or theft of the device supplied, acquired a copy of the report made to the judicial police authorities.

Head IV
Interventions for reintegration into relational life


Article 19
(Typology of interventions for reintegration into relationship life)

  1. The interventions for reintegration into relational life, aimed at supporting the person in the reconstruction and resumption of the social roles previously held, are the following:
a) support for the injured / technopathic and family members to achieve levels of awareness, self-esteem, autonomy and adaptation aimed at dealing with the problems resulting from the harmful event;

b) support to the injured person / technopathic for the development of social and relational skills, in order to promote social participation and prevent situations of isolation or social exclusion;

c) support to the injured person / technopathic in recovering the levels of motivation of skills necessary to promote employment and work reintegration;

d) support for the injured person / technopathic for the practice of sports and recreational and motor activities in order to improve the levels of psycho-physical well-being, including the provision of devices and the adaptation of equipment.
 
2. The interventions referred to in the previous paragraph are identified in the application circular of current Regulation

Article 20
(Provision of interventions)

  1. The interventions referred to in current Head are provided by Inail through its own structures, also making use of agreements stipulated with the Regions, pursuant to article 8, of the framework agreement approved on February 2, 2012 by the Permanent Conference for the relations between the State, the Regions and the Autonomous Provinces of Trento and Bolzano, of forms of co-programming and co-planning and accreditation with third sector entities and / or services acquired on the market.
  2. The interventions that require the work of a professional qualified to exercise the specific health profession or auxiliary health art are provided indirectly when the injured person / technopathic, in exercising the freedom of therapeutic choice, independently identifies the sanitary operator.
  3. In these cases, Inail acquires the estimate of the chosen health care facility or operator and, verifying the appropriateness of the intervention or interventions and the appropriateness of the amount requested, authorizes its disbursement, supporting the relative burden up to the amount of the amount that was adequate.
  4. The devices referred to in Article 19, letter d) must always be previously authorized by the Institute and the related supply, directly or indirectly, must be in compliance with the provisions of Head II.
Article 21
(Final disposal)

  1. From the date of entry into force of current Regulation, the Regulation approved by presidential resolution no. 261 of 29 September 2011 are to be understood as repealed.
  2. The interventions referred to in current Regulation are also functional to the implementation of projects for the reintegration and labor integration of people with work disabilities referred to in the presidential determination of 11 July 2016, no. 258 and subsequent modifications.

di Antonio De Honestis

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