This is an HTML version of an attachment to the Official Information request 'Consumers Rights & Physicians Obligations - Referrals and Inter-District Flow'.


Official Information request  - Consumers Rights & Physicians Obligations  - 
Referrals and Inter -District Flow
Amy S Van Wey Lovatt   to: OIA/LGOIMA requests at Ministry of 
Health
29/01/2020 09:43 a.m.
History:
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Dear Ministry of Health,
According to the Health and Disability Commissioner (Code of Health and 
Disability Services Consumers' Rights) Regulations 1996, Right 6 clause 3 (c), 
"Every consumer has the right to honest and accurate answers to questions 
relating to services, including questions about...(c) how to obtain an opinion 
from another provider;". Further, Right 7 clause 8 states: "Every consumer has 
the right to express a preference as to who will provide services and have 
that preference met where practicable."
According to the MoH Operational Policy Framework 2019/20, available through 
Nationwide Service Framework Library <https://nsfl.health.govt.nz>, 
section 7.5.2 "Regions should ensure that clear referral pathways are in place 
and known to all clinicians."
Request 1:
I respectfully request a copy of each referral pathway for each region in New 
Zealand.
Background:
I am a New Zealand citizen. Waikato DHB, my DHB of Domicile (DoD), has 
insisted that my GP provide a referral to services outside my DoD; however, 
when my GP referred me to the Southern DHB, the only DHB we could find which 
had a protocol consistent with the Endocrine Societies Guidelines for testing 
for hyper aldosteronism, the Southern DHB rejected the referral on the grounds 
that the referral was from my GP and not my specialist, Dr Wu, at my DoD.
Clearly, Waikato DHB and Southern DHB cannot both be correct, as they 
contradict each other. [The statement, referrals must be from GPs AND 
referrals cannot be from GPs, is logically false.]
Request 2:
Please provide me with the specific policy, guideline, rules or legislation 
(including page or section number) which specifies who is responsible for the 
submission of patient referrals to specialists, where the specialist is 
located in a DHB that is not the DoD, especially in the case of where two 
DHB's have contradicting policies.
Request 3:
Please provide me with the specific policy, guideline, rules or legislation 
(including page or section number) which specifies the avenues that patients 
may take to seek care out of the DoD, when the patient has lost all trust and 
confidence with the DoD.
Request 4:
Please explain how these policies are consistent with the Code of Health and 
Disability Services Consumers' Rights, specifically:
- Right 3, which states "Every consumer has the right to have services 
provided in a manner that respects the dignity and independence of the 
individual"; and
- Right 4 clause 3, which states "Every consumer has the right to have 

services provided in a manner consistent with his or her needs"; and 
- Right 7 clause 8, which states: "Every consumer has the right to express a 
preference as to who will provide services and have that preference met where 
practicable".
Respectfully yours,
Amy S Van Wey Lovatt
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