LO1: Demonstrate understanding of legal institutions and processes in health care (500 words).

Case study:

On a recent visit to a sexual health clinic, Rona gave the clinic her new address. The administrator wrote the address down on a post-it note, but forgot to enter the new address into the clinic’s client system.

Rona’s STI test results were posted in a plain envelope to her old address. The results were opened and viewed by the people at the old address. They then informed Rona they had received them. Rona was humiliated.

Instructions:

Explain who Rona can complain to and the legal grounds for complaint under the Health Information Privacy Code 2020. Apply the conduct of the sexual health clinic to the relevant rule(s).

Outline the complaint pathway under the Privacy Act 2020, including the legal institutions involved in the process. Identify the possible legal outcomes for the sexual health clinic at the Human Rights Review Tribunal (HRRT). Be specific, using appropriate in-text citations.

Do not discuss the Code of Health and Disability Services Consumers’ Rights (CHDSCR), the Health and Disability Commissioner (HDC), or the Health Practitioners Disciplinary Tribunal (HPDT). Focus on institutions and legal pathways in the Privacy Act 2020.

LO2: Analyse the role of civil and criminal law on health care policy and practice (500 words). Demonstrate knowledge of the distinction between civil and criminal law (burden of proof and standard of proof)

Case Study:

In the above case study, a few days after Rona’s change of address request was made, the manager of the sexual health clinic found the post-it note under the receptionist’s desk and realised that Rona’s results had been sent to the wrong address. He took no further action.

On being advised that the Privacy Commissioner was commencing an investigation, the manager told the receptionist to ignore any correspondence from the Commissioner, to deny that Rona provided the change of address, and to destroy the post-it note.

Instructions:

Examine whether there are any potential criminal law implications for the sexual health clinic under the Privacy Act 2020, due to the manager’s conduct. Apply relevant sections of the Act.

LO3: Critique cases or legislation related to consumers’ rights based on scholarly research (500 words).

In its discussion document for the 2024 review of the Health and Disability Commissioner Act 1994 and the CHDSCR, the HDC proposed the addition of a restorative approach for complaint resolution.

Health and Disability Commissioner. (2024). Review of the Health and Disability Commissioner Act 1994 and the Code of Health and Disability Services Consumers’ Rights.

https://review.hdc.org.nz/consultation-document/

Instructions:

Using scholarly research and citing relevant sections from the Act, describe how a restorative approach could be incorporated into the HDC complaints process.

Identify an HDC opinion, and discuss whether, how, and why a restorative approach could have improved the process and the outcomes for the parties in the identified case. Be specific.

LO4: Examine the implications of case law and legislation for your current or future health care  practice (500 words).

After a dispute with a consumer in your future practice, the consumer posts multiple times on various social media platforms, alleging you shouted at him, called him abusive names, and were negligent in your provision of services, resulting in harm to him. You disagree with these allegations. He then posts your email address to the same platforms encouraging users to, “Tell this person what you think of this crap.”

Outline the legal grounds(including the relevant communication principles) and the pathway for a civil complaint under the Harmful Digital Communications Act 2015. Identify the relevant institutions in the complaint pathway and the appropriate remedies for your complaint at the District Court. Cite sections of the Act where relevant.

LO5: Present work at the appropriate academic standard (applies across assessment).