Pflegevertrag

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Care Guide

Care contract

Care contract: What needs to be considered?

Care contract:

What needs to be

considered?

What is a care contract?

  • A care contract is a written contract between a care service provider and the person in need of care or their representative.
  • It regulates all agreements regarding the implementation and organization of care services.
  • Both parties confirm their cooperation for optimal care by signing this agreement.

Contents of the care contract:

What needs to be considered?

Contents of the care

contract: What needs

to be considered?

Formal requirements

  • Contracting parties:  The names and addresses of both parties must be included. If the person requiring care is not capable of signing, an authorized representative can do so.
  • Contract duration:  The start date and duration (usually indefinite) must be specified. Termination ends the contract.
  • Attachments:  These include supplementary agreements such as service descriptions, fee schedules and data protection documents.
  • Delivery:  Both parties receive a complete, signed copy.
  • Approval:  The care service must be approved according to § 72 SGB XI in order to be allowed to bill the long-term care insurance fund.

Contents of the care contract

  • Service descriptions:  A detailed list of all services to be provided – simply listing them is not sufficient.
  • Availability:  It should be clearly defined who is available and when. An on-call emergency service is advisable and should be clearly defined and its number specified.
  • Service provision:  It should be noted who provides the care services and whether external partners are involved.
  • Care documentation:  Written documentation must be available and accessible at home.
  • Performance records:  Based on the documentation, a performance record is created, which must be reviewed and signed.
  • Costs:  The costs should be presented transparently in a table. Unacceptable price increases must not occur.
  • Billing:  The billing method (e.g., directly with the long-term care insurance fund or via invoice) must be clearly stated.
  • Data protection and confidentiality:  Confidentiality and the protection of personal data must be guaranteed and regulated.
  • Liability:  The care service should have adequate insurance and include liability provisions.
  • Emergency procedures:  It should be defined how to proceed in an emergency, e.g. key arrangements or emergency contact.
  • Apartment keys:  A handover protocol for the keys should be enclosed as an attachment.
  • Complaint management:  A procedure should be described for how to proceed in case of dissatisfaction.
  • Termination:  The person requiring care may terminate the contract at any time without notice. The care service has a notice period of 14 days.

Who is allowed to sign the care contract?

Who is allowed to

sign the care contract?

  • The person in need of care themselves.
  • A legal guardian.
  • An authorized representative, provided that a power of attorney clearly stipulates this.

Terminating a care contract: What to consider?

Terminating a care

contract: What

to consider?

  • You may terminate the care contract at any time without notice and without giving reasons.
  • The care service must observe a notice period of at least 14 days.

Contents of a written notice of termination

Contents of a written

notice of terminationg

  • Contracting parties:  Care service and person in need of care, including addresses.
  • Contract number
  • Termination date:  Date from which the termination should take effect
  • Confirmation of cancellation:  Please send written confirmation.
  • Signature

Conclusion

  • A care contract is an important document and should be thoroughly reviewed.
  • Ask any remaining questions to avoid misunderstandings.
  • If you are dissatisfied, you have the right to terminate the contract without notice at any time.

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