Organ donor compensation reviews

FairWay now provides independent review services for organ donors

From 5 December 2017, live organ donors may be eligible for improved compensation if they take unpaid leave from work to have surgery and recover.

“The aim of the Live Organ Donors Act 2016 is to prevent any financial barriers for people considering donating a kidney or part of their liver. This new legislation allows donors to apply for financial help to cover the loss of any earnings while they recover from surgery, in a similar fashion to the Accident Compensation Corporation’s (ACC) weekly compensation payments,” explains Bernard Lock, Client Director.

The Ministry of Health administers compensation under the Live Organ Donors Act 2016, which allows the Ministry to pay for lost earnings for up to 12 weeks following surgery. Under the Compensation for Live Organ Donors Act 2016, donors who disagree with the amount compensation can apply for a review of the decision.

FairWay have been appointed to provide independent reviews when a donor:

  • Disagrees with the rate of weekly compensation
  • Believes there has been an unreasonable delay processing the compensation application
  • Challenges the overall payment period.

“Independent reviews play an important role in compensation schemes as they ensure that recipients receive fair and equal access to entitlements. FairWay has over twenty years’ experience in reviewing weekly compensation matters, including calculating the correct rate of weekly compensation. Any donor can be assured that their independent review will be undertaken by the leading subject matter experts in this area,” said Bernard.

A two -step review process

To ask for a review, an organ donor must complete the Review Request for Loss of Earnings Form within 30 days of receiving confirmation of their compensation calculation. They should include the reasons why they are asking for a review and any further information or documentation to support the request. This will result in an internal review by the Director-General.

If you are not satisfied with the outcome of the internal review process, you can apply for a review by an independent reviewer.

The Ministry of Health must receive your request for an independent review within 30 days of their first review decision.

The Ministry of Health will notify FairWay and we will appoint an independent reviewer to look at your application and supporting materials.

The independent reviewer will advise you of the outcome of their decision, and will also send a copy of their decision to the Ministry of Health.

For more information

FairWay is New Zealand’s largest specialist dispute resolution and conflict management organisation. Give us a call on 0800 77 44 22 or visit www.fairwayresolution.com to find out more.

For more information on FairWay’s independent review services, contact Bernard Lock on Bernard.Lock@fairwayresolution.com

For more information on live organ donation and compensation, please visit www.health.govt.nz/liveorgandonation