Deputy Health and Disability Commissioner Rose Wall found the service provider breached the Code of Health and Disability Services Consumers' Rights multiple times Photo: SUPPLIED / HEALTH AND DISABILITY COMMISSIONER
A disability service provider breached consumer right regulations with the "significantly concerning" treatment of two clients, according to a new report.
The report by Deputy Health and Disability Commissioner Rose Wall - released on Monday - detailed complaints by two people over the provider's conduct during two separate cases.
The individual service provider, who has not been named for "privacy reasons", was set up in 2019 to help people navigate the mainstream Work and Income New Zealand (WINZ) benefits.
He describes his role as a senior disability service navigator, and he is the chairman, but he is not a registered health practitioner.
The report said the disability service supports mainstream beneficiaries and people with physical and mental illness and neuro-diverse disabilities.
Wall found the service provider breached the Code of Health and Disability Services Consumers' Rights multiple times.
A man with autism laid a complaint to the commissioner in November 2022 over "potentially unethical business practices and overcharges", when the agent dealt with WINZ on his behalf.
He arranged an appointment with the provider in February 2022 to discuss the services offered by the disability service.
"During the first appointment, they discussed the terms of the contract agreement, to which [the man] agreed. [The provider] explained that he would contact WINZ to review [the man's] benefits and ensure that he was being paid correctly."
The man's WINZ benefit payments and a redirection of fees were discussed and agreed upon during their second appointment, stipulating that $20 would be redirected weekly from the man's benefit to the disability services' trust account.
The report said the provider was late for a later appointment after "forgetting about their meeting".
Despite meeting for only five minutes that day, the man was still charged $80 for the appointment.
Concerns were then raised by the man over the length of time his WINZ claim was taking to be reviewed.
After three months of "no progress", the man cancelled his WINZ redirection payments.
A meeting was organised with the disability service in August 2022 in an attempt to discuss and resolve the man's concerns.
The man said the provider was "defensive in his approach" and would not provide a copy of the redirection form.
The meeting ended in an impasse, and the provider stated that he had provided all the services as agreed with the man and that the overcharge was "no big deal", the report said.
He requested a refund from the disability service, and a confirmation of the provider being removed from his WINZ file.
"[The man] did not receive a copy of the signed redirection form, payment details, or the refund he had requested."
The agent refuted the complaints when the Health and Disability Commissioner's (HDC) office requested information related to the complaints
The provider said when the man signed up, it was clear that he would cause issues, describing him as a "narcissistic autistic" and that the disability service could no longer work with him, the report said.
"These derogatory comments raised further concerns about the provider's complaints processes at the time."
Second complaint
Another woman raised similar concerns about the service provider in 2023.
The report said the provider had approached the woman on a social media group where he offered to help get her an autism assessment, which she agreed to.
"Subsequently, she was sent a questionnaire by [the provider] and told that a nurse practitioner would review it, which would take a few days.
"After 20 days, [the provider] informed [the woman] that an official diagnosis of autism had been made."
The woman became suspicious that the diagnostic process was flawed, and requested supporting documentation and/or reports, including the name and qualification of the nurse practitioner.
The provider declined to provide her the information.
The woman was charged $700 for the diagnosis, payment for which was paid by funds redirected from her WINZ benefit to the disability service's account, the report said.
She was later diagnosed with autism through a registered psychiatrist in private practice.
In response to the HDC complaint, the provider said the "former client had a history of false complaints to government departments and external agencies if they don't get their own way".
On 9 August 2023, the HDC officer wrote to the provider and explained the rights of healthcare consumers.
The disability service have failed to co-operate with the office's request for further information, and "declined to engage with HDC's processes further".
In her report, Wall said she considered the concerns raised by both complainants as "significant".
"They raise questions about the potential exploitation and disrespectful treatment of vulnerable consumers, and poor engagement in the complaints process.
"Both complainants have been affected, both financially and emotionally.
"I am also concerned about the lack of organisational policies and processes in place at the disability service."
It has been recommended the provider issue a written apology to both individuals.
Further recommendations include the implementation of organisational policies and processes to "guide their advocacy and support of people" and to undertake "reflection and learning" on the HDC Code.
A copy of the report will be sent to the Ministry of Disabled People, the Ministry of Social Development, WINZ, Charities Services and the Commerce Commission.
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