Code of Health and Disability Services Consumers Rights

Question 1

Right 1

Answer 1

Right to be treated with respect

Question 2

Right 2

Answer 2

Right to Freedom from Discrimination, Coercion, Harassment, and Exploitation

Question 3

Right 3

Answer 3

Right to Dignity and Independence

Question 4

Right 4

Answer 4

Right to services of an appropriate standard

Question 5

Right 5

Answer 5

Right to effective communication

Question 6

Right 6

Answer 6

Right to be fully informed

Question 7

Right 7

Answer 7

Right to make an informed choice and give informed consent

Question 8

Right 8

Answer 8

Right to support

Question 9

Right 9

Answer 9

Right in respect of teaching or research

Question 10

Right 10

Answer 10

Right to Complain

Question 11

Consumers have rights and providers have duties

Answer 11

Every provider must take action to
a- inform consumers of their rights
b-enable consumers to exercise their rights

Question 12

Summary of Right 1

Answer 12

Every consumer has the right to
1- be treated with respect
2- have his or her privacy respected
3- be provided with services that take into account the needs, values beliefs of different cultural, religious, social and ethnic group, including the needs, values and beliefs of Maori

Question 13

Summary of Right 2

Answer 13

To be free from discrimination, coercion, harassment, and sexual, financial or other exploitation

Question 14

Summary of Right 3

Answer 14

have services provided in a manner that respects the dignity and independence of the individual

Question 15

Summary of Right 4

Answer 15

Right to services
1-provided with reasonable care and skill

2-comply with legal, professional, ethical and other relevant standards

3-provided in manner consistent with his or her needs

4-provided in a manner that minimizes the potential harm to and optimizes quality of life

5-right to co-operation among providers to ensure quality and continuity of services

Question 16

Summary of Right 5

Answer 16

1- effective communication in a form, language and manner that enables the consumer to understand the information provided. When necessary and reasonably practicable this includes the right to a competent interpreter

2-an environment that enables consumer and provider to communicate openly, honestly and effectively

Question 17

Summary of Right 6

Answer 17

1
a-explanation of condition
b-explanation of options available including assessment of expected risks, side effects, benefits and costs of each option
c-estimated time within which services is provided
d-notification of any proposed participation in research or teaching including whether it has ethics approval
e-other information required by legal, professional, ethical, and other relevant standards
f-results of tests
g- results of procedures

2- before making a choice, right to information that is reasonable consumer or in that circumstances needs to make an informed choice

3- honest accurate answers relating to services including
a-identity and qualifications or provider
b-recommendation of provider
c- how to obtain another opinion from another provider
d-results of research

4- right to receive a written summary of information provided

Question 18

Summary of Right 7

Answer 18

1- services may be provided only if they make an informed consent

2-must be presumed competent to make and informed choice and give informed consent unless there are reasonable grounds to believe they are not competent

3-if diminished competence, the consumer retains the right to make an informed choice to extent appropriate to their level of competence

4-if not competent and no person entitled to consent on behalf of consumer, the provider may provide services where
a- it is in the best interest of consumer
b-reasonable steps taken to ascertain views of consumer and
either
i- views ascertained and provider believes on reasonable grounds that the provision of services is consistent with the informed choice if consumer were competent
ii- views not ascertained, provider takes into account the views of other suitable person who are interested in the welfare of the consumer

5- may use an advance directive in accordance with the common law

6- where informed consent is required for procedure, it must be in writing if-
a- participate in research
b-procedure is experimental
c- under general anesthetics
d-if there is significant adverse effects

7- right to refuse services and to withdraw consent to services

8-express preference to who will provide service, and it should be met if possible

9-right to make decision about the return or disposal of any body parts or substances removed or obtained in procedure

10- No body part of substance removed may be stored or preserved or use otherwise than-
a-with informed consent
b-purpose for research with ethics approval
c-for purpose of 1 or more of following activities that are undertaken to assure or improve the quality of services
i-professionally recognized quality assurance programme
ii-external audit of services
iii- an external evaluation of services

Question 19

Summary of Right 8

Answer 19

Right to have one or more support person present except where safety may be compromised or another consumers rights may be unreasonably infringed

Question 20

Summary of Right 9

Answer 20

this extends to those occasions when a consumer is participating in or it is proposed that a consumer participate in, teaching or research

Question 21

Summary of Right 10

Answer 21

1- complain about a provider in any form appropriate to the consumer

2-may make a complaint to-
a -providers of service
b- any person authorized to receive complaints
c-any other person including independent advocate under HDC Act and Health and Disability Commissioner

3-provider must facilitate fair, simple, speedy and efficient resolution

4-must inform a consumer about progress on complaint at intervals of not more than a month

5-comply with relevant rights in this code when dealing with complaints

6-complaints procedures must:
a-acknowledgement in writing within 5 working days unless it has been resolved within that period
b-informed of any relevant internal and external complaints procedures including availability of independent advocates of HDC or Health and Disability Commissioner
c- complaint and action are documented
d-consumer receives all information held by provider that may be relevant to complaint

7- Within in 10 working days of written acknowledgement the provider must
a- decide whether the accept complaint (justified) or does not accept complaint is justified
b- if decides more time is needed to investigate complaint, determine how much additional time is needed and if it is more than 20 working days inform consumer of that and reasons for it

8-As soon as practicable when provider decides complaint is justified or not, the provider must inform consumer of:
a-reasons for decision
b-any actions proposes to take
c-any appeal procedure the provider has in place