One of the hot topics at the moment is the introduction of the e-medicals which INZ is promoting.

The panel doctors have been reduced in some countries and along with the number of G.P’s and Radiologists in New Zealand who may undertake the e-medicals.

The most important aspect regarding the changes in the medical process, is that Advisors/Lawyers and the applicant (health service consumer) no longer has access to the completed medical report before it is lodged with Immigration.

This has huge ramifications for our clients (applicants).

It means that an applicant could have an unknown health issue which could result in the application being declined after they have invested a considerable sum of money. By the applicant or their representative not seeing the medicals before lodgement we are unable to advise the client on possible next steps to take or withdraw the application.

Concerns about this lack of access and control have been raised with Immigration officials on several occasions. INZ relies on the intending applicant giving their written consent to the particular eMedical process in writing, prior to the medical practitioner commencing the process.

However, in our view that is not the end of it. The “Code of Health and Disability Services Consumers’ Rights” is a regulation under the Health and Disability Commissioner Act. It has the force of law and – in our view – it imposes relevant obligations on medical practitioners who provide INZ medical certificates (www.hdc.org.nz/the-act--code/the-code-of-rights)

• Right 5 (Right to Effective Communication) states:
  • “1) Every consumer has the right to effective communication in a form, language, and manner that enables the consumer to understand the information provided.”
• Right 6 (Right to be Fully Informed) states:
  • “1) Every consumer has the right to the information that a reasonable consumer, in that consumer’s circumstances, would expect to receive, including –
  • f) The results of tests; and
  • 2) Before making a choice or giving consent, every consumer has the right to the information that a reasonable consumer, in that consumer’s circumstances, needs to make an informed choice or give informed consent.
  • 4) Every consumer has the right to receive, on request, a written summary of information provided.” (My emphasis)

Our reading of this shows that the health services consumer, ie an intending immigration applicant who undertakes an immigration medical, is entitled to receive relevant information that they need to make an informed choice or give informed consent. In other words, they need a copy of the medical certificate itself to give “informed consent” before the medical practitioner forwards the INZ medical form to Immigration New Zealand.

In particular cases it may even be reasonable for a health services consumer to seek legal or immigration advice from an advisor, before consenting to their personal/ medical information being forwarded to INZ.

It cannot be correct, in our view, to seek to override the general legal entitlement of health consumers, by way of the specific consent required in the eMedical form.

Further discussions with INZ are being pursued, to ensure the process for obtaining eMedicals is fair and lawful.

(Source e-News NZAMI, Chairwoman NZAMI, JRanson)