4th Annual Elder Law for the Health Sector Conference

2 for 1 deal: Register two people from your organisation at the same time, and the second person attends for free

About

Chaired by Katie Elkin & Cordelia Thomas, Chief & Senior Legal Advisor from the Office of the Health & Disability Commissioner.

One of NZ’s leading elder care events specifically designed to meet the medico-legal needs of the health sector. This annual 2-day conference is well recognised across all fields of elder care, with 2012 bringing presentations from the Health and Disability Commission, rest homes, prominent law firms, national elder care organisations, and DHBs including:

Chris Fleming, Chief Executive, South Canterbury
Leigh Manson, Facilitator for the NZ Advance Care Planning Cooperative, Auckland
Michal Boyd, Gerontology Nurse Practitioner, Waitemata
Meenal Duggal, Legal Counsel, Waikato

Explore the latest legal issues and updates including EPA & the PPPR Act, capacity assessments, informed consent, mental health, elder abuse, double-dipping and more.

Workshop

 

**CANCELLED**

FULL DAY WORKSHOP
Clinical Governance and Auditing Compliance for the Elder Health Care Sector
1 March 2012,  9.00am – 5.00pm

Health care providers are expected to meet numerous compliance requirements in an effort to uphold principles of transparency and accountability.

This workshop will provide you with the knowledge and tools necessary to understand compliance requirements and meet compliance standards efficiently; all within a service that you can know will continue to supply quality service to elders.

Key learning outcomes:

  • Understand key drivers behind clinical governance, auditing compliance and care management
  • Gain practical tools to undertake internal audits efficiently and effectively
  • Gain practical tools for identifying and managing clinical risk in elder care
  • Understand the current policies, guides and legislated processes required for compliance
  • Improve patient care by identifying issues and developing systems for improvement in the elder health care sector


Who should attend:

  • Elder care providers
  • Elder care management
  • Internal auditors
  • Health compliance managers
  • Clinical governance directors
  • Doctors and medical staff
  • Clinicians
  • Nurses
  • Social workers
    

Workshop Facilitators:
Janice McEwan RGN and Cathy Cummings are Co-Directors of the NZ health auditing company, DAA Group Ltd. 

Janice is a Registered Lead Auditor and Registered Auditor Trainer, specialising in this field after a career of 18 years nursing with 6 years in a Management role.  Janice has provided audit services against a variety of standards for Certification and Accreditation and contract audits for various directorates of the Ministry of Health and ACC.  Janice also provides training through her company, Quality Plus Training Ltd.

Cathy Cummings is a Registered Nurse with in-depth experience in health and disability services. She has completed many audit evaluations for the Ministry of Health and DHB’s.  Cathy was a member of the committee for the national review of the Health and Disability Sector Standards and has previously been on the development committee for many other NZ health standards and guidelines.  Cathy’s expertise in this area has been recognised by being awarded a Meritorious Service Award by Standards NZ.  

Agenda

Agenda: Day 1

8:30am

Registration & coffee

9:00am

Opening Remarks from the Chair

Dr Cordelia Thomas, Specialist Senior Legal Advisor
Office of the Health & Disability Commissioner

9:10am

HDC complaints and resolution options

The Health and Disability Commissioner promotes and protects the rights of health and disability services consumers. The complaint resolution approach is patient centred and focuses on improvements rather than legal proceedings. This session will cover:
• Complaints and resolution processes under the HDC Act
• How the HDC manages elder care complaints
• Learnings from recent elder care cases

Katie Elkin, Chief Legal Advisor &
Dr Cordelia Thomas, Specialist Senior Legal Advisor
Office of the Health and Disability Commissioner

10:00am

Quick fire: Four quick legal and practical sessions on ACP and PPPR. Take the chance to ask questions in the Q&A session directly afterwards.

Part 1: Legal framework of Advance Care Planning
The necessity of ACP is increasing as the ability to elongate life becomes easier. Treatment, property management, and location of care are only a few of the considerations for patient planning. Gain a better understanding of ACP by analysing existing guidelines and documents.
The healthcare provider’s role in ACP discussions
A guide to official documented processes, the Code and PPPR during ACP
Barriers to ACP, its validity and binding powers

Leigh Manson, Facilitator for the NZ ACP Cooperative, Auckland DHB

10:30

Part 2: Advance Directives and DNR Orders

Advance directives and DNR Orders legally ensure that an elderly person’s wishes around medical treatment and procedures are paramount. As a care provider, having access to such orders can assist with making clearer decisions. Here we examine the legal framework and processes around advance directives and DNR Orders.
• An overview including validity issues, how binding they are, how they are overridden, and the impact of non-compliance on elders
• Case analysis addressing the use of advance directives and DNR orders

Meenal Duggal, Legal Counsel, Waikato DHB

11:00am

Morning break & refreshments

11:20am

Part 3: Authority of an Enduring Power of Attorney

An EPOA has legal authority to make decisions on behalf of a person when that person is mentally incapacitated. This session will cover:
• Comparing different types of EPOA
• The process when appointing and activating an EPOA
• The limitations on EPOAs
• Dealing with EPOAs and managing differing family views
• Steps to take when concerned about an EPOA’s actions

Iris Reuvecamp, Senior Associate, Buddle Findlay

11:50am

Part 4: Applying to the Court when an incompetent elder is not represented

Care providers must turn to the PPPR and the Family Court to manage the wishes of an incompetent elder when there is no one legally entitled to act on behalf of an incompetent elder. This session will cover:
• Key principles underlying the PPPR Act
• Type of orders that can be sought
• How to apply to the Court for orders under the PPPR Act
• The role of a welfare guardian and property manager
• The need for review of orders made

Iris Reuvecamp, Senior Associate, Buddle Findlay

12:20pm

Q & A with our Panel for Parts 1-4

Our panel is ready to take your questions about Parts 1-4

Iris Reuvecamp, Senior Associate, Buddle Findlay
Leigh Manson, Facilitator for the NZ ACP Cooperative, Auckland DHB
Meenal Duggal, Legal Counsel, Waikato DHB

12:50pm

Lunch break

1:30pm

Roundtables

Contribute your thoughts and experiences to topics most relevant to your role and responsibilities.
Choose 2 of the following 40 minute roundtable sessions to attend.

Roundtable 1: Protection for ‘partly’ incompetent elders
The Family Court will not intervene under the PPPR Act until an elder is “unable to completely or partly, understand their personal or property affairs”. Explore cases exposing difficulties defining ‘partly’ and issues with not referring a case to Court.
Jennie Michel, Elder Abuse & Neglect Coordinator, Age Concern North Shore

Roundtable 2: Legal framework and procedure for capacity assessments
Explore the legal test for capacity using different scenarios. Analyse cases demonstrating how a capacity assessment is to be formally carried out in practice when working with elders.
Richard Worrall, Consultant Psychogeriatrician and Clinical Director, Auckland DHB

Roundtable 3: Legal and practical considerations for informed consent
Discuss the law of informed consent, the key elements required, managing issues of sudden and progressive illness, and recent cases.
Iris Reuvecamp, Senior Associate, Buddle Findlay

Roundtable 4: Admission Agreements - The provider’s perspective
Take a look at how Admission Agreements work, what they are trying to achieve, and their practical limitations. Focus on the Admission Agreement as the basis for managing a provider-resident relationship and regulating issues such as difficult residents, payment issues, and rights of termination.
John Hanson, Senior Associate, Buddle Findlay

2:50pm

Collecting and disclosing health information under the Privacy Act 1993

The Privacy Act 1993 governs how personal information is to be collected, used, stored and disclosed. The Health Information Privacy Code 1994 (HIPC) under the Act specifically regulates health information, adhering to the same principles as the Act. Examine when and how to legally disclose information about an elder’s health.
• Updates to and the relationship between the Privacy Act and the HIPC
• Disclosing information to an elder’s representative
• Using case studies to analyse the process of disclosure

Jenny Baldwin, Partner, Burke Melrose Barristers and Solicitors

3:30pm

Afternoon break & refreshments

3:50pm

Compulsory assessment under the Mental Health Act 1992

The Mental Health Act sets out the circumstances in which compulsory assessment or treatment can be administered. It is essential legislation governing the treatment of elderly with psychiatric problems. Discuss how the MHA applies to the elderly in NZ and the challenges involved with its application.
• Relationship between the MHA, PPPR Act and the Code
• Challenges identifying and treating the mentally ill under the MHA, including disproportionate use and reluctance of those imposing it
• The new ‘Mental Health and Addiction Services for Older People and Dementia Services: Guideline for DHBs’

Dr Brian McKenna, Associate Professor, School of Nursing; Director, Centre for Mental Health Research

4:45pm

Medicine management legislation and the new Medicines Care Guides for Residential Aged Care

Analyse the Medicines Act 1981, Misuse of Drugs Act 1975 and the Health Practitioners Competence Assurance Act 2003 in light of the Guide. Identify and work through challenges around medicine management for the elderly.
• Overview of the New Medicines Care Guides for Residential Aged Care
• Impact of medicine management on the elderly
• How the legislation governs medicine management

Michal Boyd, Gerontology Nurse Practitioner, Waitemata DHB

5:15pm

Summary remarks from the Chair

5:25pm

Networking drinks

Agenda: Day 2

9:00am

Welcome back from the Chair

Katie Elkin, Chief Legal Advisor
Office of the Health & Disability Commissioner

9:05am

Preventing elder abuse and neglect

Care providers for the elderly are bound by a duty of care and are at risk of witnessing or facing accusations of elder abuse and neglect. The path to resolving an issue of elder abuse can be vague so this session aims to help by analysing relevant legislation, cases and appropriate courses of action.
• What constitutes elder abuse and neglect? And what challenges do the elderly face when reporting it?
• The duty of care placed on care providers and how to deal with suspected abuse, particularly under the Employment Relations Act 2000
• How Elder Abuse & Neglect Prevention Services and other relevant parties can assist

Jennie Michel, Elder Abuse & Neglect Coordinator, Age Concern North Shore

9:55am

Failing to protect: The impact of Crimes Amendment Bill and the Domestic Violence Act 1995

The Crimes Amendment Bill (No. 2) was introduced to Parliament on 12 April 2011 with provisions to criminalise those who fail to protect a vulnerable adult. This provision extends to care providers, increasing risk of blame. Decrease this risk by understanding the legal framework around domestic violence and abuse.
• An update on the Bill’s parliamentary progress
• How an increased risk of blame will impact care providers
• A practical guide to Protection and Police Safety Orders including scope, application, duration and enforcement
• The powers and involvement of the Family Court

Catherine Quin, Principal, QuinLaw Solicitors

10:45am

Morning break & refreshments

11:05am

Reviewing employment law in the health sector

The specialist nature of employment within elder care requires reliable employment agreements to provide a mutual understanding of obligations and expectations. To reduce risk of error when dealing with another’s life, receive an update on current employment issues within elder care.
• Legal considerations when restructuring health services staff
• An update on sleepovers constituting ‘work’ under s6 of the Minimum Wage Act
• The latest case law on union relations and industrial action
• Trial periods

Shan Wilson, Partner, Simpson Grierson

11:50am

Provider and DHB accountability in supplying elder health care

A wide range of providers of elder health care services are funded by the DHBs. Not every service runs perfectly all the time. This session examines the legal responsibility that DHBs and providers have for the management of aged care services.
• The responsibility of the DHB and legal implications when a provider does not fulfil its duties
• Avenues for recourse available in this situation

Erin McGill & Rebecca Carajannis, Senior Solicitors, Russell McVeagh

12:30pm

Lunch break

1:10pm

Panel: Double-dipping for capital gain (Panel)

Recent claims against retirement villages and rest homes for ‘double-dipping’ have exposed concerns across NZ. While elderly own a ‘licence to occupy’, cases have arisen of retirement villages charging additional accommodation fees and earning extra interest by delaying refunds. Explore the issue with those involved.
• Relevant terms under DHB and provider Age Related Residential Care contracts
• Challenges with proving financial gain
• Dispute resolution options and impact on the elderly

Martin Taylor, Chief Executive, NZ Aged Care Association
Chris Fleming, Chief Executive, South Canterbury DHB
John Collyns, Chief Executive, Retirement Villages Association

1:50pm

Progress since the Aged Residential Care Service Review

The 2010 report by the DHBs and the Ministry of Health exposed the anticipated truth facing the elderly population and subsequently their care providers. The long-term plan to address cost, capacity and service delivery implications on residential care due to an increasing ageing population in NZ came with a promise to be initiated promptly.
• An overview of demand and supply projections for the ageing population
• Key lessons from public response to the results
• Actions implemented towards changing models of care work

Martin Taylor, Chief Executive, NZ Aged Care Association
Chris Fleming, Chief Executive, South Canterbury DHB

2:30pm

Afternoon break & refreshments

2:50pm

Duty of care in a disaster

Christchurch earthquakes forced many care providers to have to decide between professional obligations and personal obligations. This session provides the legal framework of what is and is not expected of a care provider for the elderly in the situation of a disaster.
• Review the experience of Christchurch care providers during the earthquakes
• Analyse employment agreements, health and safety requirements, duty of care and relevant legislation governing required actions in a disaster.
• Compare obligations in a normal working day with accountability in a crisis

Suzanne Rolls, Professional Nursing Advisor, NZ Nurses Organisation

3:30pm

Closing remarks from the Chair & end of conference

Sponsors/Partners

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