Our care home contract

The Knolls Care Centre (“The Home”)

Terms and Conditions of Placement

1) GLOSSARY of DEFINITIONS and INTERPRETATIONS

I. For the purposes of this “Terms and Conditions of Placement” and the “Placement Agreement” the terms;

a. “Service User” includes client, resident, patient or any other similar and acceptable term used to describe someone who is accommodated by and receives care from, The Home;
b. “Representative” means next-of-kin, family member, relative, friend, agent, power of attorney, guardian of the Service User or deputy appointed by the Court of Protection.
c. “Additional Payer” means the payer of the “Top-up “ fee.
d. “FNC” means the NHS Funded Nursing Care fixed rate payment to support the provision of nursing care.
e. “Best Interests” Decision. In the event the Service User does not have the capacity to comprehend any or all of the contents of these “Terms and Conditions of Placement”, the parties agree to adhere to the accepted principles of “best interest decisions”.
f. “Respite care” is planned or emergency temporary care and is generally intended to provide caregivers of an elderly person a chance to rest and recuperate. Respite provides planned short-term and time-limited breaks for families and other unpaid caregivers. They are now increasingly being used to afford a potential permanent resident or patient the experience of living in a care environment.

2) PROVISION OF ACCOMMODATION

a. The Service User is entitled to exclusive use (unless it is a shared room) of the facilities in the bedroom and shared use of all the communal facilities.
b. The bedrooms will include certain equipment including a call bell, the appropriate bed, wardrobe and chest of drawers, a coffee table and seating.
c. Should the Service User wish to access additional services not typically provided by The Home, the Service User or Representative must make their own arrangements after consultation with, and approval by, The Home’s Manager.
d. The Service User may bring any personal items and/or furniture or electrical items into The Home subject to the rules of the Home at that time. The Home reserves the right to inspect, without incurring any liability to themselves, any such items in order that The Home can satisfy itself as to the condition and safety of such items in compliance with health and safety regulations. All such items will be subject to an initial Portable Appliance Test (PAT test)
e. The Service User/Representative/Additional Payer will be responsible for the fees as stated in the “Placement Agreement”.

3) PROVISION OF CARE

a. The Service User shall be entitled to all necessary personal care and social activities which are reviewed from time to time with the Next of Kin and/or Representative. This includes the provision of meals, heat, light, laundry, but excluding all personal requisites.
i. Where applicable, if a residential service user’s care requirements are assessed as requiring nursing care, this care will be provided by The Home’s registered nurses and/or District Nurses (in the event nursing care is not provided at the home).
ii. In the event the Service User is assessed as living with Dementia, wherever possible the appropriate Dementia care will be provided by The Home.
b. The Care Home’s staff will supervise or administer all the prescribed medication to the Service User and seek the help of relevant healthcare professionals as needed.
c. Care records detailing all the care provided to the Service User will be maintained at The Home and are available for inspection by appointment and with the relevant consent.
d. The Service User shall, from their own resources, make provision for their own personal requisites over and above those provided by The Home or its agents. This does not include items provided by prescription or community services such as incontinence products.
e. If the Service User has a medical or social appointment which requires an escort by a member of The Home’s staff, this may be arranged in advance by The Home for which there will be a charge based on the prevailing hourly rate of the appointed escort. (See The Home’s Service User Guide).
f. Within reason, and subject to government guidelines, The Home adheres to a non-restrictive visiting policy i.e. Service Users are welcome to have visitors at any time. For security purposes, night visits may require prior notification.

4) ABSENCES

a. During periods of temporary absence and, conditional to the room being held unoccupied and intact for the service user, the Service User/Representative/Additional Payer will continue to be liable for the weekly fee as per the Placement Agreement.

5) CHANGE OF CATEGORY OF CARE

a) If for any reason there is a change in category of care e.g. from Residential to EMI/Dementia or Residential to Nursing, The Home reserves the right to review and change the gross weekly fee to reflect the changing needs of the Service User. Following a discussion with the Service User/Representative, a new agreement will be issued to reflect these changes.
b) The change from Residential to Nursing Care will always be preceded by a professional assessment of the nursing needs of the resident, following which The Home will apply for Funded Nursing Care (FNC) [see clause 6].

6) FUNDED NURSING CARE (FNC)

a) “Funded Nursing Care” (FNC) is a financial contribution by the National Health Service to the resident’s nursing care. A Service User may become eligible for ‘Funded Nursing Care’. If approved, the amount assessed for the Service User is paid directly to the company each month.
b) When the CCG has confirmed the Service User’s FNC eligibility, you hereby understand and agree that The Home will retain the FNC to cover the provision of added nursing care.

7) THE SERVICE USER, REPRESENTATIVE AND ADDITIONAL PAYER

a) Upon the Service User’s demise or discharge, The Home will notify the Representative and/or the Additional Payer if there are any outstanding fees. Payment for these must be settled with The Home upon receipt of the final account.
b) In the event that the Executor is applying for Grant of Probate, the account must be settled upon receipt of Probate. It is the onus of the Representative/Additional Payer to advise the home of the legally approved entity e.g. a solicitor, entrusted with managing the deceased resident’s financial affairs. This would include the settlement of any outstanding monies owed to The home.
c) In the event of the discharge or demise of the Service User, where applicable, the Representative/Additional Payer will arrange to make payment of any outstanding fees upon receipt of a final account.
d) In the event of there being any outstanding charges which remain in arrears to The Home and for which reasonable efforts have been made by The Home to collect, the Service User/Additional Payer/Representative will be liable for the costs incurred if The Home is obliged to take legal action to recover any or all of the outstanding balance. Should any outstanding accounts not be settled timeously, The Home reserves the right to levy the prevailing rate of bank interest, as determined by the bank from time to time, on the outstanding amount.

8) SUNDRIES AND ADDITIONAL CHARGES

a) Should the Service User wish to use the sundries services provided at The Home such as hairdressing, chiropody, newspapers, escort or transport services, the Service User shall make provision for these services from their Personal Monies or be charged monthly in arrears for which payment must be settled to The Home upon receipt of the invoice by the Service User/Additional Payer/Representative.
b) The Home hereby agrees to assist in the financial management of such monies for those Service Users using personal monies.
c) Any sundry charges not settled upon the Service User’s demise or discharge from The Home will be billed to the Service User or the executor as applicable.
d) The Service User/Representative agree that should the Service User require one-to-one care, after consultation with The Home’s Manager, there will be an additional charge confirmed in writing by The Home which must be paid upon receipt of the invoice.

9) STATUTORY INFORMATION

a) The Company agrees to maintain a standard of care as is required by:
i. The relevant Acts of Parliament in force during the tenure of this agreement;
ii. The guidelines, regulations and requirements of the CQC, relevant CCG and/or LA;
iii. Any other LA or government regulations that may be periodically in force during the tenure of this agreement.
b) Should the Service User/Additinional Payer/Representative have a complaint or query, The Home shall use their best endeavours to answer any such concern within a reasonable period. The complaints procedure can be found in the entrance or reception area of the Home. Any query shall be referred in the first instance to The Home’s Manager. If this concern is not addressed within a reasonable period, but in any event no longer than twenty-eight (28) days, then the matter should be referred in writing to a director of The Home who, upon receipt of the concern, will respond appropriately. If a Service User wishes to make a complaint to an external inspecting official of the Care Quality Commission, the address is as follows: Care Quality Commission, The Inspecting Officer, Citygate, Gallowgate, Newcastle Upon Tyne, NE1 4PA.
c) The management will ensure, as far as is practical, the health, safety and welfare of Service Users, including compliance with relevant legislation and the Department of Health guidance. To comply with fire regulations and for the safety and comfort of Service users and staff, smoking is not permitted within the Home. So as not to discriminate against individuals who do smoke, smoking will be permitted in a designated, risk-assessed area and under staff supervision. The management, whilst taking the decision to allow individual Service Users to smoke, must ensure that this does not impinge on the right of other Service Users to live in a smoke-free atmosphere.
d) The Company maintains public liability insurance for the Home and provides insurance at the rate of £500.00 per person in respect of any valuable effects left by the Service User in his or her room. Such insurance does not cover and/or extend to the Service User’s cash, securities and/or any other negotiable instrument. All valuable assets (for the avoidance of doubt, those with a value in excess of £100) must be declared by the Service User or Representative to the Home in a written schedule supplied upon admission, which schedule may be added to from time to time or otherwise amended, for insurance purposes.
e) By signing this agreement, the Service User or Representative confirm that it is their sole responsibility to advise The Home in writing of any valuable items given to the resident subsequent to admission. In the event additional items are given to a resident any time after their admission without formal notification to The Home’s Manager or Business Manager, The Home cannot be held liable for loss of any of these additional.

10) TERMINATION

The following events will result in the immediate termination of the Placement Agreement:
a) The demise of the Service User. In this event the gross weekly fee will be payable for seven (7) days after the date of death or, if longer, to the date on which the room is cleared of all personal possessions. The Home reserves the right to remove from the premises without any liability for damage, any such items still at the Home belonging to the Service User, seven days after the demise of the Service User. The costs of such removal, transportation and storage shall be for the account of the Representative or the Executors of the Service User.
b) Refunds due to the Service User shall be issued by the Company solely to the estate or to the executor(s) of the estate. This will take place upon receipt of a copy of Grant of Probate or the Service User’s signed Last Will and Testament which nominates and appoints the Executor.
c) The Home’s Manager or a member of the senior care management decides, and the Home’s manager or the Business Administration Manager confirms in writing that the Home is unable to meet the needs of the Service User. In this event the gross weekly fees are payable up to date of discharge.
d) The behaviour of the Service User, Additional Payer (where applicable) and/or the Representative is unacceptable such that it creates or has the potential to create a risk to the Service User, other Service Users, visitors and staff. In this event the gross weekly fee is payable for three (3) days after discharge. Unacceptable behaviour includes, but is not necessarily limited to, aggression, destruction of property or abusive language.
e) When the Service User/Representative or Additional Payer defaults in payment of fees and is in arrears for longer than 14 days. For avoidance of doubt, arrears means that the previous month’s fees have not been paid by the 14th of the following month. This is, therefore, effectively a 6-week period of non-payment. In this event the gross weekly fees are payable for 14 days after discharge. The Home reserves the right to take action to recover any unpaid fees and any legal costs and where appropriate, interest, will be calculated at the prevailing NatWest Bank interest rate.
f) Funding is replaced by another agreement by either a local or health authority. In this event, payment is due to The Home until the date that the new contract commences. Any reimbursements due to the Service User will not be made until The Home has been paid by the Local or Health Authority. For the avoidance of doubt The Home is not obliged to accept any Local or Health Authority agreement.

11) DISCLOSURE AND CONSENTS

a) Prior to taking up occupation at The Home the Service User shall provide to The Home all information necessary to satisfy itself as to the state of the Service User’s health and any treatment, medical or otherwise, required by the Service User including the name of his or her General Practitioner, Medical Advisor or Consultant(s).
b) The Home reserves the right for The Home’s medical practitioner to treat all Service Users should the need arise.
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c) The Service User hereby agrees and undertakes to permit The Home to order, take charge of and/or dispense all of the Service User’s prescribed medication and further undertakes not to use any unprescribed medication without the prior approval and consent of The Home.
d) For those Service Users wishing to self-administer medication The Home will, following risk assessment and approval by the relevant care professional in conjunction with the care staff involved, make available secure personal storage for such medication whilst assisting fully in the ordering and provision of such prescribed medication to allow the Service User to self-administer.
e) For the avoidance of doubt, the Service User, unless restricted under the Mental Health and/or Deprivation of Liberty Acts, is entirely free to leave The Home for any purpose whatsoever at the discretion of The Home and/or subject to the Representative’s prior approval. There is a requirement on The Home to comply with fire and safety legislation in knowing the whereabouts of all Service Users under their care. It is hereby clarified that The Home will not accept responsibility for any accident, injury or any other liability whilst the Service User is outside the jurisdiction of the Home.
f) Service Users’ residence in the Home does not give them a tenancy or an assured tenancy under the Housing Act 1988, neither does it create or imply any right to security of tenure. The Service User will be allocated a room on admission which they will occupy as a licensee only. The Home reserves the right to relocate them to a different room at any time if we think this is necessary to enable us to deliver effective and efficient services in line with their assessed needs. If there is a clear need to move the Service User to a different room, the Home will agree this with the Service User and/or Representative.
g) The Home reserves the right to request the Service User/Representative/Additional Payer to provide acceptable proof of their ability to sustain the fees agreed for that Service User. This may take the form of authenticated bank statements, insurance policies, proof of pension or any other like document, dating back no longer than three (3) months.
h) The home also reserves the right to request from time-to-time continued proof of the ability of the Service User /Representative’s/Additional Payer’s ability to sustain the fees.
i) It is the responsibility of the Service User/Representative/Additional Payer to notify the home in writing no later than 6 months of the resident’s funds diminishing to the level where they will not be able to afford or sustain the agreed-upon monthly fees.
j) It is the responsibility of the service user/representative/additional payer to notify Social Services in the event the Service User’s funds are not sufficient to cover at least 3 months of the agreed-upon fee. In this event, it is the responsibility of the service user/representative/additional payer to keep the home informed of any responses from Social Services.
k) Where applicable, the Service User/Representative will be required to provide copies of Lasting Power of Attorney and/or Deputyship documents relating to the Service User.

12) General Data Protection Regulations

We use information about the Service User/Representative/Additional Payer for the purpose of the Service User’s residency and by signing this agreement you therefore understand and consent to the following:-
i. We will hold and use personal and sensitive information about the Service User such as health, racial and ethnic origin, sexual orientation and religion. There are occasions where the Service User’s/Representative’s/Additional Payer’s data may be shared with third parties. These include GP services, anyone with power of attorney, statutory bodies concerned with the regulation of care and other agencies.
ii. We are obliged by the care regulators to maintain accurate records of care delivery and other data about those for whom we care. When a Service User leaves our service, we will archive that personal data in a secure storage facility (for paper records) and in a secure server (for electronic records). We will maintain it securely for no more than 7 years, unless a complaint or claim has been notified in which case we shall retain relevant data for the purpose of addressing that matter. From time to time, our insurers may request that data be held longer than 7 years for the purpose of an individual claim which concerns the data subject.
iii. Your data will be respected and secured in accordance with the law.