Israel's Supreme Court Rules National Insurance Cannot Appoint Disability Doctors
Translated & summarized from Calcalist by baba
Israel's Supreme Court ruled that the National Insurance Institute can no longer appoint doctors to its medical committees, which determine disability ratings and compensation. The court gave the Institute one year to implement the decision, stating the minister responsible must establish an independent appointment process. The ruling followed a petition arguing the Institute's involvement compromised the committees' autonomy and the appearance of justice.
The story in 6 lines · by baba
- Israel's Supreme Court ruled doctors on National Insurance medical committees cannot be appointed by the Institute.
- The court gave the National Insurance Institute one year to implement the decision.
- The ruling aims to ensure the independence of medical committees and the appearance of justice.
- The decision stems from a 2021 petition by patient rights and cancer associations.
- The responsible minister must now establish an independent appointment procedure.
- The National Insurance Institute can retain an advisory role in candidate selection.
Israel's Supreme Court has ruled that doctors on the National Insurance Institute's medical committees, who determine disability percentages and compensation, can no longer be appointed by the Institute itself. The court, in a landmark decision, stated that one party in a legal dispute cannot appoint the judge, emphasizing the need for the committees' independence and the appearance of justice.
The ruling, authored by Justice Yael Vilner, found that while the law grants the appointing minister the authority to select medical adjudicators, this power cannot be delegated to the National Insurance Institute. Vilner explained that such delegation contradicts the law's purpose of separating the Institute from the appointment process to ensure the medical committees' autonomy and prevent situations where the Institute appoints those who rule on its own cases.
The National Insurance Institute has been given one year to implement the decision. The court instructed the responsible minister to establish a procedure guaranteeing the independence of these appointments, while allowing the Institute to play an advisory role regarding candidates. The ruling stems from a 2021 petition by the Israel Patient Rights Association and the Israeli Skin Cancer Association, represented by attorney Amos Cohen, who argued that the Institute's appointment of doctors compromised their independence.
Deputy President Noam Sohlberg acknowledged the practical challenges in implementing the ruling but stated that the issue has been problematic for years and that the time for a definitive order has come. Attorney Amos Cohen welcomed the decision, asserting that it restores independence to the committees and ensures fairer proceedings for citizens, urging the National Insurance Institute to comply with the ruling and transfer all appointment stages to the Minister of Labor as stipulated by law.
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