Code of Professional Conduct for Accredited Suppliers of Monitored Medical Alarms

Transcription

1 Code of Professional Conduct for Accredited Suppliers of Monitored Medical Alarms This Code of Conduct (the Code) applies to all Ministry of Social Development (MSD) accredited suppliers of monitored medical alarms to MSD clients. The Code applies to all staff and agents of accredited Medical Alarm Suppliers including those directly employed, operating on commission or working on a sub contracted basis. MSD accreditation is subject to agreement to comply with the Code which is recognised by signing of the Code by an authorised representative of a supplier. Adherence to the Code will be confirmed in an annual, self initiated and funded, audit of the supplier undertaken by an MSD approved independent agent. Non-compliance with any provisions of the Code may result in revocation of a supplier s status as an accredited supplier. 1. Behaviour 1.1 Conduct their professional activities in accordance with the public interest and abide by the laws, standards and codes of practice relevant to the industry and business including adherence to the Code of Health and Disability Services Consumers Rights. 1.2 Work directly with each other to resolve disputes arising between accredited suppliers. MSD will not become involved unless MSD believes clients are negatively impacted. 1.3 Commit to uphold any statutory provisions or regulations relating to the industry. 1.4 Adhere to the highest standards of honesty, accuracy, integrity and decency. 1.5 Protect the confidences and privacy rights of past, present and prospective clients or employees, and adhere to the provisions of the Effective from 1 March

2 information privacy principles and other provisions of the Privacy Act Conduct themselves and their business in a manner that reflects favourably on the industry, and encourage other practitioners to do the same. 1.7 Not misrepresent themselves as agents of MSD, Work and Income or any organisation other than their own company. 1.8 Not represent or imply that their accredited supplier status is bestowed solely upon them. 1.9 Never act as the client s agent or representative with MSD, other Government agencies or the client s medical providers Be committed to the fair and equitable treatment of the client, and respect cultural and moral values and the dignity of the individual Not provide inducements to or coerce medical practitioners to secure referral of clients. Acknowledge and appreciate the choice of MSD accredited alarm company sits with the client solely Have a documented policy on management of clients who are in default on payment. Policy should include number of contacts, a reasonable period of time for clients to pay and a reminder on consequences of non-payment. If this is a continuous problem for a client, an approach to MSD should be made by either client or supplier, to consider a benefit redirection. 2. Audit and resolution of audit issues 2.1 Have their compliance with this Code, their client contracts/agreements and the medical alarm services it provides to all of its clients audited annually by an MSD agreed independent body, funded by the accredited supplier, with the initial audit completed no later than 30 April Ensure that audit reports are provided to MSD, with copies provided to clients upon request. 2.3 Endeavour to resolve compliance issues arising from the audit within 21 business days and if requested by MSD submit to MSD a remedial correction plan (RCP) within 5 business days of the request. 2.4 Acknowledge that MSD may require a further audit, completed by an independent agent, at the suppliers cost, to confirm supplier s fulfilment of the RCP. This will only be required if the compliance issue can not be remedied by providing the independent agent with documentary evidence to verify implementation. 2.5 Understand that non-compliance with the Code may result in MSD revoking its status as an accredited supplier. Effective from 1 March

3 3. Provision of an end to end service 3.1 Provide an end to end service response. This requires accredited suppliers to provide Medical Alarm Services, which include monitoring alarm signals and a personal call response to all activated alarm signals at anytime 24 hours per day, 7 days a week. Supply, installation, and maintenance of the medical alarm equipment are the responsibility of the supplier. This responsibility includes service provision e.g. alarm installation that the supplier may sub-contract. 3.2 Ensure the cost of the end to end service provision is included in the unit price payable by the client this includes (but is not limited to) installation, monitoring, maintenance and response (including any client part charge for an ambulance medical call out). 3.3 Should any aspect of the service provision (including but not limited to the monitoring and call response) be outsourced to a third party, appropriate contractual arrangements must be in place specifying that the monitoring facility is subject to an independent audit, or included in the supplier s audit. 3.4 If a number of suppliers utilise the same monitoring facility, then the monitoring facility and its operation would be audited once which would cover all suppliers, thereby minimising audit costs. 3.5 Assess the client s environment and make an expert determination that the equipment being supplied is fit-for-purpose in the client s environment. This may include but is not limited to determining equipment compatibility with the client s telephone equipment/services and external interferences such as overhead power lines. 3.6 Compliance with: A. TSANZ Telemarketing Code B. TSANZ Code of Practice C. TSANZ Code of Professional and Ethical Conduct D. TSANZ Client Protection Policy E. TSANZ Disciplinary Policy 3.7 Ensure that all alarm equipment complies with AS Personal Response Systems as set out in the TSANZ Code of Practice. 3.8 Maintain a Business Continuity Plan that is consistent with the general intent of the guidelines in AS/NZS Business Continuity Management Handbook SAA/SNZ HB 221:2004. Effective from 1 March

4 3.9 Ensure the telecare unit will have the ability for two way voice communications between the client and the monitoring facility Install local disconnect services to ensure alarm signals are able to be sent, even if a client s telephone is disconnected or left off the hook Respond within 2 minutes to 95% of alarm activations Respond to 100% of alarm activations within 5 minutes Undertake daily remote alarm device tests between the monitoring facility and the client to ensure devices are working. If a device is found to be faulty, then a replacement should be deployed within 24 hours of identifying the issue Offer the client the option of a key lockbox to be located on the property to enable easy access should the client be unable to get to the door Prior to signing an alarm agreement the client must be supplied with a detailed complaints procedure which clearly sets out how a client can lodge a complaint and how the supplier will manage it Ensure procedures manual includes staff training, duty of care principles, ethical behaviour, the company s complaints procedure, technical aspects of alarm installation, maintenance and operation and Privacy Act training Immediately arrange the despatch of an ambulance to the client s home if the client activates the alarm and the supplier is not able to make voice contact with the client Have an arrangement with clients to make contact with the client s nominated person whenever the alarm has been activated and the supplier: is not able to make voice contact with the client; and/or, has dispatched an ambulance to the client s home Ensure the Business Continuity Plan (BCP) include supplier s arrangement with an alternate monitoring facility in a different region of New Zealand if Supplier s facility is not operational for any reason. This alternate facility shall be operational within 4 hours of the event occurring, with a target time of one (1) hour. 4. Insurance 4.1 Hold at their own cost the following insurances; A. Public Liability Insurance for not less than five million dollars ($5,000,000) limit of liability for any one occurrence Effective from 1 March

5 B. Products liability Insurance for not less than five million dollars ($5,000,000) limit of liability for any one occurrence and in annual aggregate C. Statutory liability insurance for not less than five hundred thousand dollars ($500,000) limit of liability for any one claim and in annual aggregate 4.2 Include Suppliers subcontractors as additional named insured are under these insurance policies. 4.3 Provide MSD or the Auditor, upon request, written evidence that these insurance policies are in place. 5. Clients security 5.1 Ensure suppliers and sub-contractors do not provide unauthorised persons access to a client s home. 5.2 Ensure supplier s employees, agents, subcontractors and consultants wear identifying name tags containing both their name and that of the supplier whenever they meet with a client or are performing services at a client s home. 5.3 Obtain security checks on all employees, agents, subcontractors and consultants involved in providing any of the services or who have access to client information. These security checks shall cover the past ten (10) years. If the potential employee, agent or subcontractor has been a resident of another country for more than six months during the previous ten years the security checks must include that country also. An exception is immigrants to New Zealand who had these security checks as part of the immigration process. As a result of these checks the accredited supplier: will warrant that subject to the Criminal Records (Clean Slate) Act 2004, all officers, employees and subcontractors proposed or engaged to provide services to any MSD client are vetted by way of a comprehensive criminal convictions check (through the Ministry of Justice) shall apply due diligence in decisions about the employment of staff or sub-contractors on the basis of this information. Though employment of staff is at the discretion of the supplier, employment will not be offered to anyone who will provide services to any MSD client who has been convicted of serious criminal offending, including but not limited to any conviction for sexual crimes, for any offence involving the harm or exploitation of children, crimes of violence, fraud or dishonesty. Effective from 1 March

6 6. Marketing 6.1 Not seek new clients through telemarketing, or other cold-calling methods (including any form of physical approaches without prior arrangement), without the written approval of MSD. 7. Information and Documentation 7.1 Not knowingly disseminate false or misleading information, particularly in respect of the alarm and monitoring service, and the client s entitlement to Disability Allowance. Any queries from the client in relation to Disability Allowance should be referred to MSD. 7.2 Accredited suppliers shall act promptly (within 1 working day) to correct any incorrect information for which they are responsible. 7.3 Provide MSD a copy of the client contract template in use, or obtain MSD approval if it is changed in any way after the completion of the RFP process. 7.4 Before any agreement is signed, fully inform the client of the available options and abilities of the alarm unit and monitoring centre. Suppliers shall also advise the client of a full breakdown on what the weekly rate payable covers. There should be no client additional costs involved in the running of the alarm unit, for example (but not limited to) installation costs, call costs, ambulance call out fees. 7.5 Provide a monthly report to MSD detailing: A. details of contract cancellations that occurred during the previous month B. the number of genuine medical emergency call outs received C. total number of alarm activations D. details on complaints received and resolution undertaken E. other areas of reporting, as determined and required by MSD 8. Transfer 8.1 Respect any client s decision to change medical alarm suppliers and make every effort to assist the client. Effective from 1 March

7 9. Disability Allowance 9.1 Acknowledge that every client has a choice to proceed with an application for Disability Allowance, administered by MSD, and that no pressure or hard sell techniques are acceptable. The accredited supplier will treat the client s decision with respect. 9.2 The Disability Allowance application forms should be completed by the client or an agent agreed between the client and MSD. A supplier representative must under no circumstances act as an agent or intermediary in the client s dealings with MSD. 9.3 Recognise that for Disability Allowance purposes a client s need for a medical alarm is to be determined by the client s medical practitioner. The accredited supplier shall treat the medical practitioner s decision with respect and shall not apply pressure nor offer any inducements in order to have a client s Disability Allowance application approved. 10. Cancellation 10.1 Ensure that all agreements for a medical alarm service contain provision for the client to cancel the agreement upon a period of notice no greater than one month (30 days) Ensure that all client contracts contain a cooling off clause that provides the client a period where they can change their mind without incurring costs Ensure that all agreements contain an immediate cancellation clause in the event that a client: A. enters a residential facility B. passes away; or C. ceases to qualify for disability allowance. 11. Client Information 11.1 Have a contract provision that conveys that in order for the Supplier to provide the best possible Medical Alarm Service, there is a requirement for the Supplier to maintain certain current medical Effective from 1 March

8 information about the client, to be provided by the client prior to commencement of the services: A. Doctor/Medical Centre name and contact details B. Client s medical conditions C. Medications D. Allergies 11.2 Obtain client authorisation, by way of a contract provision, to disclose information provided by the Client to any emergency response personal, emergency communications centre or other person providing, coordinating or assisting with the Medical Alarm Services Ensure that the emergency response personal have been provided with the Client s information so that they are able to provide the most appropriate management of the client when they are responding to an emergency call out and then when handing the client over to a medical facility Verify with the client or client s nominated contacts no less than annually that the client information it holds is still current Advise all clients that they can have a third party present during any demonstration or accredited supplier visits if they so choose Before any agreement is signed, provide to every client, documentation that clearly describes what the client and supplier have agreed, a copy of any agreement entered into, the supplier s complaint procedure and contact details, and this Code of Professional Conduct Include a clause in the supplier and client agreement authorising the supplier to provide contract cancellation information to MSD. 12. Accredited Supplier Status MSD accredited suppliers will ensure: 12.1 all staff and agents including those directly employed, operating on commission or sub contracting adhere to the standards in this Code All MSD accredited suppliers will maintain membership of a medical alarm industry body that has a complaints resolution process for the term of their accreditation MSD accreditation of Suppliers is via an open and competitive process which will be undertaken at intervals as detailed in Section 13 below. Individual applications by suppliers to become accredited will not be considered outside of any competitive accreditation process If an existing Accredited Supplier intends to sell their business or controlling shareholding in that business to a new owner who wants Effective from 1 March

9 to retain MSD accreditation, MSD will provide a three month accreditation of the new owner subject to the new owner agreeing, to adhere to all conditions of this Code and any other existing accreditation conditions. Subsequently: A. the new owner must undertake an independent audit as detailed in Section Two of the Code, no earlier than six weeks and no later than 12 weeks after the transfer of ownership. B. where the audit indicates that MSD requirements are being met, MSD may provide full accreditation. C. where the audit indicates that MSD requirements are not being met the accreditation will lapse Where no prior arrangement is made with MSD, the accreditation as a supplier of a monitored medical alarm is non-transferrable. Where a current accredited supplier is sold to, or merges with, a nonaccredited supplier, MSD accreditation no longer applies and is deemed to have lapsed Where an MSD accredited supplier is sold to or merges with another accredited supplier, the accreditation of the acquiring party continues subject to an independent audit within 6 weeks with the results of the audit provided to MSD MSD accredited suppliers are required to advise MSD of any change in ownership, management or governance structure, business closure, liquidation or receivership. In addition, suppliers should advise MSD of any change in circumstances relating to contact details ie postal, phone and/or . Any change in circumstances should be forwarded to: seniors@msd.govt.nz 12.8 All MSD accredited suppliers will adhere to the complaints resolution process as determined by their industry body. 13. MSD Changes to the Code and Accreditation Period 13.1 MSD at its option may review and revise the provisions in this Code, notifying accredited suppliers. Accredited suppliers will be notified and given the opportunity to sign revised copies of the Code in the normal course of maintaining accreditation MSD accredited Suppliers should note that MSD anticipates that the initial period of accreditation will be 2 years, at which time MSD will run the next competitive accreditation process During the 2 year accreditation period, unit price and quality standards will be fixed at the standards used to acquire accreditation (as submitted at RFP) unless varied by agreement between the supplier and MSD. Effective from 1 March

10 Name:. Date:... Designation:... Company:... Date:... Definitions of terms used in this Code Client means recipient of a Disability Allowance payable by MSD for the specific purpose of renting medical alarm services. Highest standards exhibits behaviour that would be seen by clients, peers and others as consistently demonstrating these attributes. Telemarketing outbound calls made by a company representative with the intention of gaining new business, as opposed to inbound calls from customers or calls made as part of delivering existing services. Cold calling the practice of calling on a prospective client without a prior appointment. Medical alarm services the services relating to the supply, rental, installation, monitoring, maintenance and response, delivered by a supplier. The equipment includes any and all hardware and software supplied to a client for the purpose of raising an emergency response. Hard sell a marketing approach that uses aggressive sales practices or messages to encourage customers into completing a transaction quickly or to purchase an item or service they do not want or require. Examples: Clients being given the impression that financial assistance from MSD for the cost of an alarm is assured, that the offer is available for only a short or limited period, or that they do not need time to decide; or Generating concerns to the client about their safety or wellbeing, where this was not previously a concern for the client. Supplier - a provider of medical alarm services to clients who receive a Disability Allowance for this purpose. Effective from 1 March