Rights Protecting All Users of Health or Disability Services 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

How to contact a consumer advocate Phone

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