The complainant has been recognized by the Ministry of Defense as a disabled person since 2003 with a disability rating of 15%.
The complainant submitted a request to the Clalit health fund for an MRI. Clalit informed the complainant that because the need for the MRI is linked to his disability, the Ministry of Defense is the proper body to perform the test and pay for it. The Ministry of Defense in turn denied the request, insisting that Clalit is supposed to provide the complainant with medical services.
The complainant complained to the Public Complaints Commission in the Ministry of Health, in accordance with the National Health Law, who accepted the stance of Clalit and referred the complainant back to the Ministry of Defense.
The investigation of the Office of the Ombudsman in the State Comptroller's Office revealed that according to the Persons with Disabilities Law (Payments and Rehabilitation), 5719-1959 [Consolidated Version], since the complainant's disability rating was less than 20%, he is entitled to receive medical services from the health fund just like every other patient under the National Health Law.
In accordance with the Ombudsman's findings, Clalit informed the Ombudsman's Office that the complainant's request for an MRI was approved and that the proper procedures were reiterated to the medical staff of the health fund in order to prevent the recurrence of such cases.
In addition, the Public Complaints Commission in the Ministry of Health affirmed that it had made a professional error in its response to the complainant, and thanked the National Ombudsman for bringing the error to its attention. Moreover, the Commission stated that it is taking steps to rectify the error among its workers, and that it is in the process of verifying with the Ministry of Defense the rights of disabled persons with a disability rating of less than 20% in order to ensure that those patients can fully realize their rights.