Membership with MedicAlert®
Foundation - New Zealand Incorporated (the
"Foundation") enables its Service Members to benefit from the
Foundations Charitable Supplies and Services, including privacy protected online
Services and use of its trademark protected and clinically validated Medical
Information Devices, to protect my best interests in a Medical Emergency,
wherever that may occur across New Zealand or Overseas.
Becoming
and remaining a member is subject to my acceptance of the following terms and
conditions (the "Member Statement").
Receipt
of Payment by the Foundation will be deemed to be acceptance by me of the
current Member Statement, which is updated from time to time and accessible
24/7 on my online Medical Alerting Clinical Management (MACM) account and the
Foundations Website.
I acknowledge and agree that:
1.
The Foundation is an
Incorporated
Society
(# 218085) and
Charity
(# CC25227), with different classes of membership as set out in the registered
rules of the Foundation (“Rules”). I am a Service Member under the
Rules.
2.
I may also send a written request
to become an Ordinary Member (as defined in the Rules), if I wish to vote at
general meetings of the Foundation or be considered for election to serve on
the Foundation’s Board.
3.
The current Society
Rules are registered on the Governments Incorporated Societies Register and apply
to all members, regardless of when I became a member. The law changes from time
to time, it is recommended I check all rules for updates, including this Member
Statement annually.
4.
All Service Members contribute to
the collective cost of providing the Foundations ongoing services by paying
their annual fees.
5.
Fast access to otherwise hidden information,
saves time and saves lives, payment of my annual Membership Service fee provides
me with the following Charitable Supplies, Services and/or benefits:
aa.
the option to choose a MedicAlert®
service supported Medical Information Device (
“Medical ID”
) at no cost, is available when I enroll for the first
time. Reasonably priced alternative, replacement or precious metal custom engraved
Medical IDs are also available.
b.
I will have online access to my personal
Medical Alerting (and Warnings) Clinical Management (“MACM”)
Service
and/
or a health care provider IT vendor portal (“
Portal
”) for my personal
use and protection, all security, privacy protection and Information Technology
costs of operating my MACM Account and Service are included in my annual fee;
and
c.
the MACM Service is being
continuously developed and improved for my benefit and that of all other
Members, I will be provided with a process in MACM to give feedback.
d.
I can access my MACM account using
my Health New Zealand ‘My Health Account’ login details, when I go to the MedicAlert®
Website
www.MedicAlert.nz
,
e.
to help protect me from Identify
Fraud
,
I will receive a unique MedicAlert® Identification number on my Medical ID, so
I can keep my Personal Identity, Health Information, and NHI Number private,
while legally accessible when needed, in my best interests,
including if I
cannot speak, communicate effectively, or be identified,
f.
I can log into my MACM account to
view my accessible
Personal Identifiable Health Information
(PIHI),
g.
I can communicate with the MedicAlert®
Membership Services Team
via my MACM account,
h.
my MACM Service may automatically
and securely acquire and disclose personal health information with other secure
health technologies used by Health and Emergency Service Providers, Health New
Zealand (formally DHB’s) and the Ministry of Health or Health Practice
Management Systems (PMS) where such services are available, digitally connected
and data is available,
i.
if need be, I or my Health
Provider, can send my PIHI to Membership Services to
manually enter or
upload
into my MACM account,
j.
I can use the Foundations
Free
Phone Number
0800 840 111
to contact Membership Services from
anywhere in New Zealand,
k.
I will receive a
MedicAlert®
Emergency Medical ID Card
, when I enroll, or upon order.
l.
the Foundation issues an
Annual
Review Notice
each year, to stay in touch and remind me to check my PIHI in
my MACM Account remains accurate, up to date, complete, relevant, and not
misleading, as required under Rule 8 of the HIPC
.
To request changes, I
will contact Membership Services, or ask my Health Provider to update my Health
Information.
m.
my
Membership and Medical ID are personalised, so cannot be transferred to any
other person. I will not attempt to
assign, novate, or transfer all or part of my membership, including my
MedicAlert® Medical ID to any other person,
n.
the Foundations Charitable
Supplies and Services are supplied under section 41 of the Consumer Guarantees
Act 1993.
o.
if I have information on a
National Health Registry which is digitally connected to MACM, I may be able to
view this information in my MACM Account,
p.
I will be notified when I receive
a special benefit or discount offer as part of my Membership, through my MACM
account,
q.
as a Member of the Society, I can
provide consultative feedback on its Constitutional Rules through my MACM
Account; and
r.
any additional services the
Foundation agrees to provide to me (see below), (collectively the “Services”).
6. Upon my order and receipt of
payment by the Foundation, the Foundation may provide me with additional
services, subject to the specific terms and conditions (if any) applying to
those additional services.
7. On my behalf, the Foundation
provides me with a 24/7 Stand Ready Emergency Health Information Service,
with a 24-hour MedicAlert® Emergency Hotline service, via the Central
Emergency Ambulance Communications Centre based in Wellington. Emergency
Services, Ambulance Services, First Aiders, or a Good Samaritan can contact this
national service and may be provided information, where deemed appropriate, to
protect my best interests, when responding to an accident, medical emergency,
or at my request.
Volunteering,
Education, Medical Research and Community:
8. I can become a volunteer
and actively participate in the Foundations work by contacting the Membership
Services Team.
9. The Foundation accepts donations and maintains an Endowment Fund
to protect it from economic impacts, large one-off or technology costs, and to
help keep annual fees affordable for all members.
10. The Foundation maintains an Education Fund for the purpose of
fulfilling its educational, scholarship and health research related charitable objects.
11. The Foundation distributes training and educational material to
maintain awareness and build community and health sector knowledge, for the
safe use of MedicAlert®’s Services in the best interests of the wider
community.
12.
The
Foundation may use aggregated personal information or aggregated health
information, which is not in a form that allows for the identification of me or
any other individual, for research projects or studies of interest to the
Foundation or the health care community.
13.
My annual fees are
due for payment on the first day of my membership rollover month each year, an
invoice will be loaded on
my MACM account and issued via email in the prior month. If I do not have an
email address, it will be posted to me.
14. I, or my
Legal Guardian (if I have one), are responsible for paying any and all fees
associated with my membership, my purchases, and the services in accordance
with the Foundation's Common Service Terms and Conditions.
15. If I have a problem paying my annual fees, I will contact the Membership
Services Department to seek late payment without penalty, or other support,
which may be available.
16. In
accordance with Clause 3l, I will respond at least once per year to the
Foundations annual review process, issued with my Membership and Service Fee
invoice. If I fail to keep my Personal Health Information up to date, that may
impact on the Foundation's ability to provide services to me and possibly the
safe and timely provision of health services I receive.
17. My safety
and the safety of all Members is protected by ensuring a high standard of
auditable clinical integrity.
To protect
the integrity of all health information, the Foundation requires my Health
Information that I provide, to be validated by a Registered Health
Professional.
18. I will be responsible
for fees (if any) charged by a health care provider for disclosing my Personal
Health Information to the Foundation. The Foundation will collect, use, retain
and disclose my Personal Health Information in accordance with the Foundation’s
Privacy Statement, as updated from time to time,
Membership Continuance or Closure
19. Subject to clauses 18
to 21, my membership will automatically roll over each year, until I resign, or
I pass away, whichever occurs first.
20. To protect my safety and ongoing
trust and confidence in the health system, if I decide to resign my membership,
I will comply with the Foundation's formal member resignation and service
termination policy. I agree due to the health and safety risks which may arise,
I must submit a duly completed and signed Formal Resignation Confirmation Form,
supplied by the Foundation, to properly document my resignation and
cancellation of services. If the Foundation does not receive such, my account
and invoicing for annual fees may continue.
21. In the rare and unlikely situation
that the Foundation becomes aware that I am in breach of the Rules, the Common
Service Terms and Conditions, or this Member Statement, it reserves the right
to cancel my membership in the best interests of protecting the integrity of
its services for all members.
22. If my Membership Service Fee
Invoices for two consecutive years, remain unpaid, the Foundation may issue a
Membership Continuance Notice, and in the absence of a response, payment, or an
agreement to help me clear the debt, may close my Membership Account and access
to services, without further notice.
23. If I decide
to resign or my Membership Account is closed, I am no longer entitled to
benefit from the Foundations Services, Intellectual Property, or nationally
connected Emergency Identity and Health Information Services, Hotline or Stand
Ready Services, or wear and present a MedicAlert Medical ID with a unique
MedicAlert Hotline and ID Number, as doing so may mislead first responders and
health professionals that I am presenting a current clinically verifiable
Medical Information Device, which the ID is no longer, and may put my personal
safety at risk.
24. In addition to funding my online
MACM Account and Services, as a Member, Membership Service Fees also fund the
Foundations daily operations. This includes mandatory annual financial audits
and periodic reviews of the constitution, the day-to-day operational costs,
community awareness campaigns and providing training materials on an ongoing
basis nationally to maintain emergency responder, health professional and wider
public awareness, and to ensure safe, clinically validated Medical IDs remain
discoverable, recognised, and trusted in emergency situations.
25. I have rights under the
Code of Health and Disability
Services Consumers' Rights
;
the Foundations Services are not subject to these Rights but are intended to
assist you to exercise your rights with Health Care and Emergency Service
Providers.
26. My guardian, including any welfare
guardian, ("Guardian"), my
attorney under an ‘Enduring Power of Attorney – Welfare’, or any other person that
I approve for this purpose, may access my Personal Health Information
via my online MACM Service.
27. My use (or any use by my Guardian,
attorney or any other person approved by me) of any MACM Service or Portal will
be in accordance with the terms stated on the relevant Portal (including any
Portal made available by the Foundation)
28. The Foundation and its officers,
directors, employees, and representatives will not be liable for any claims,
actions, damages, losses, or consequences of any kind, whether arising from
breach of contract, tort (including negligence) or otherwise, under or in
connection with this Member Statement, the Services, my Personal Health
Information, or my File.
29. No other warranties or conditions,
whether express or implied, and whether under statute, at common law or
otherwise (except any which may not lawfully be excluded) will apply to my
membership or the Services supplied to me; and
30. The Foundation is a Health Information Agency; it is subject to and listed in Schedule 2 of the Health Information
Privacy Code 2020.
In this Member Statement, the following terms shall have the
following meanings:
§
"24/7 Stand Ready
Services"
– has the meaning given to that term in clause 5.
§
"Charitable Objects" means the
objects stated in the Rules, lodged on the Incorporated Societies Website.
§
"Emergency Service
Provider"
means all emergency service organisations including (but not
limited to) New Zealand Fire Service, Ambulance Services, Land Search and
Rescue, New Zealand Police, Coastguard, Civil Defense, Health Practices and
Hospital Facilities.
§
"Good Samaritan"
means someone who helps another in need.
§
"Personal Health Information" means
information about an identifiable individual's health, including medical
history, information about health, health and disability services provided to
that individual and information collected in connection with the provision of
health services to that individual, by a Health Provider.