Legal advice

Is it possible to send employees to a mandatory health check during the COVID-19 pandemic?

03.04.2020 Aleksandrs Koposovs, the member of the board

As of today, the Minister’s of Health decree No. 59 of March 25, 2020 “On limiting the provision of health care services during an emergency” is in force in Latvia, according to which this type of service cannot be obtained, since such a service was not included in the list of allowed services.

According to the above-mentioned decree, the provision of health care services has been suspended, excluding:

  • emergency medical care, including necessary examinations and consultations;
  • health care services provided by the family doctor;
  • vaccination services, forming separate streams for children and adults;
  • home health care services;
  • dentistry services in urgent and emergency cases;
  • services to ensure the continuity of treatment – chemotherapy, biological medicines, organ replacement therapy, radiation therapy, hematology day hospital services, methadone replacement therapy, as well as for patients who need to continue or finish the treatment which has already been started;
  • oncological, vital, as well as such operations as a result of the cancellation of which disability may occur;
  • Services under the “Green Corridor” system (i.e. the opportunity to receive publicly funded health services in sooner terms);
  • health care services in connection with the treatment of such diseases as: oncology; HIV/ AIDS; tuberculosis; psychiatry; contagious blood diseases and sexually transmitted diseases; traumatology;
  • care for pregnant women;
  • acute and subacute rehabilitation services to persons for whom the cancellation of such services may cause a risk of disability or loss of capacity for work, including for children for whom the cancellation of rehabilitation services is associated with a deterioration of observed functioning impairments.

Besides, as per the paragraph 4.49. of the Cabinet Regulations No. 103 dated March 12, 2020, during the emergency situation, the employer is entitled to employ a person without performing mandatory health examination in accordance with the laws and regulations governing the performance of mandatory health examination if the provision of health care services required for the performance of mandatory health examination has been discontinued by an order of the Minister for Health or another external regulatory enactment. The exception does not apply to initial health examination for persons intended to be employed in work in special conditions.

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