rights protecting all users of health or disability services the code of health and disability...
TRANSCRIPT
Rights Protecting
All Users of Health orDisability Services
The Code of Health and Disability Services Consumers’ Rights
The Code of Health and Disability Services Consumers’ Rights
• 10 rights protecting anyone using health / disability services
• A set of regulations, which means it’s law
• Right to make a complaint to –
– the health professional, or
– Health and Disability Commissioner
• Special advocacy service to help you make a complaint
The terms used in the Code
“Provider”
• The doctor, nurse, psychiatrist etc providing the health / disability services
“Consumer”
• The person using the services
Who has obligations under the Code?
• Any person or organisation providing health services to public (or section of it)
• Any person or organisation providing goods, services, facilities for people with disabilities
• Whether they get paid by the consumer or not
• Includes providers outside mainstream (homeopaths, acupuncturists etc)
The rights in the Code
Right 1. To be treated with respect
Right 2. To freedom from discrimination, coercion, harassment, exploitation
Right 3. To dignity and independence
Right 4. To services of an appropriate standard
Right 5. To effective communication
The rights in the Code (continued)
Right 6. To be fully informed
Right 7. To make informed choice and give informed consent
Right 8. To have support people
Right 9. Code also covers teaching and research
Right 10. Right to make a complaint about breaches
Right 1. To be treated with respect
Respect, including respect for privacy
• Should cover all staff, including students and receptionists
• Entire consultation should happen in interview room
• Consumer should be treated as a person, not a mental illness
• Should be asked what you’d like to be called
• Should get an apology and explanation if kept waiting
Right 1. To be treated with respect (continued)
Respect for cultural values, beliefs
• Important when conducting home visits (accepting tea, for example)
• Providers should be open to different ways of looking at illness and wellbeing
Right 2. No discrimination, coercion, harassment or exploitation
• Providers should treat you as they’d like to be treated themselves
• Consumers shouldn’t be harassed, cajoled or influenced
• Consumers shouldn’t be patronised
Right 3. Dignity and independence
• Consumers should be asked how they’d like to proceed
• Consumers should be given options, with the necessary information
• Consumers should be assisted and supported when they’re making their decision
• Providers should have the necessary skills to do this
Right 4. Services to appropriate standard
Reasonable care and skill
• Staff should have the appropriate training
Right 4. Services to appropriate standard (continued)
Services consistent with your needs
• There should be a care and crisis plan
• Consumers should see support workers regularly
• Should be asked about individual needs
• Should receive help in accessing other services
Right 4. Services to appropriate standard (continued)
Providers should co-operate
• All providers involved in care could have regular update
• Review session including consumer, support worker, family / whānau, psychiatrist?
Right 5. Effective communication
• No medical jargon
• Information in written and oral form
• Providers should give full attention
• Providers should write up notes afterwards
• Choice about place for appointment
• Choice of where to sit
• Use of an interpreter
Making a complaint under the Code
You can make a complaint to –
• the particular provider, or
• the Health and Disability Commissioner
Commissioner recommends going to provider first
Making a complaint to the provider
• Ask for a copy of their complaints procedure
• Follow the steps for making a complaint
• Contact a Health and Disability Consumer Advocate
What is a Health and Disability Consumer Advocate?
The Consumer Advocate will –
• give you information
• help you identify the issues
• help you decide what to do
• support and represent you.
They’re your advocate
Mental health advocacy services
• A range of organisations, often locally based
• Providing advocacy and support
• Will follow your instructions and wishes
• Independent of health services
Mental health advocacy services
How can they help?
• Explaining your rights and your options
• Helping you take action
• Speaking for you if you wish
• Helping you speak for yourself
• Empowering you to take more control of your life
Making a complaint to the Health and Disability Commissioner
• Doesn’t have to be in writing
• Can make a complaint to Commissioner whether or not you’ve made a complaint to provider
What will the Commissioner do?
The Commissioner –
• decides whether to investigate
• collects info about complaint
• decides whether there’s been a breach
• can organise mediation
• makes reports and recommendations
• can send case to Director of Proceedings and Human Rights Review Tribunal
The Human Rights Review Tribunal
• A special court
• Deals with breaches of Code, Privacy Act, Human Rights Act
• The Tribunal can order the provider to, for example –– change their practices, procedures
– pay you compensation