For the purposes of this agreement
- the term “client” means service user, resident or patient
- the term “representative” means next-of-kin, family, relative, friend, agent or guardian of the client
This Permanent Residential/Residential EMI Agreement shall commence on the Date between Resident (hereinafter referred to as ‘the client”) and Next of Kin/ Relative (hereafter referred to as ‘the representative”) and European Healthcare Operations Limited (hereinafter referred to as “the company”).
- The company operates the care facility referred to and known as Bay Tree Court Care Centre which is registered as a care facility under the Registered Homes Act 1984 or it’s successor in title and;
- The client desires to take up residence at the facility;
- The representative, where appropriate and applicable, has agreed to support the client’s wish to take up residence at the facility.
- The company has agreed that the client shall take up residence at the facility subject to the terms and conditions hereunder.
Now therefore it is agreed:
1. 1 In consideration of payment by the client or the client’s representative to the company of the sum specified in the first schedule, the client will take up residence at the facility and the company will provide the services specified within the second schedule.
1.2 Both schedules form part of this agreement.
2. The client shall be entitled to take up residence at the facility for a trial period of 4 weeks commencing date and ending on date. Either party may prior to or at the end of the trial period terminate this agreement upon payment by the client or the representative of all outstanding fees.
3. Subject to the aforementioned paragraph the client shall be entitled to take up residence at the facility from the date until such time as the agreement is terminated as hereinafter appears.
4. The company agrees to maintain a standard of care as is required by:-
- The relevant Acts of Parliament in force during the tenure of this agreement;
- The guidelines, regulations and requirements of the relevant Health Authority, the Commission for Social Care Inspection and/or Local Authority;
- Any other Local Authority or Government Regulations that may be periodically in force during the tenure of this agreement.
5. Should the client have a complaint or query, the company shall use its best endeavors to answer any such concern within a reasonable period. Any query shall be referred in the first instance to the relevant senior person in charge of the facility at the time the complaint/query originates. If the concern is not addressed to the satisfaction of the complainant then the complaint/query should be addressed to the Registered Home Manager. If this concern is still not addressed within a reasonable period of time then reference in writing should be made to the Group Care Manager who, upon receipt of this concern, will respond within 7 working days. If the client still wishes to make a complaint to an external Inspecting Official, the name and address is as follows:-
Post CQC South West
Newcastle upon Tyne
6. (a) The client shall be entitled to give to the company 4 weeks written notice of intention to terminate the contract;
(b) Should the client wish to leave the facility at any time without notice or before the expiration of the notice period then a payment in lieu of 4 weeks’ notice at the normal weekly rate shall become due and payable to the company, duly apportioned if applicable;
(c) The facility shall be the place of residence for the client until such time as a doctor or other competent authority decides and confirms to the company that the client is unfit to continue in residence because of a significant change in physical or mental well-being which requires a different type of care provision i.e. a category of care which is not covered by the expertise and/or qualifications of the staff or within the ambit of the license of the home
7. The company reserves the right to give 4 weeks’ notice of termination to the client requiring the client to leave the facility in the following circumstances:-
(a) Should the client default in payment of fees and continue to be in arrears in respect of such a payment for a period of 28 days
(b) If, in the opinion of the company and following discussion with all relevant parties, the home is unable to provide (for any reason) the degree of care and attention required by a client (see 6c above);
(c) If in the opinion of the company the behavior of the client is such that it is detrimental to the facility, its personnel, or other clients.
(d) For any other reason at the absolute discretion of the company.
8. In the event of the client requiring a period of hospitalisation as an in-patient, this agreement shall continue to operate and the company will reserve accommodation for the client for the period of the hospitalisation.
9. The company reserves the right to review the fees payable by the client at any time and the revised fees shall be determined by the company at their absolute discretion and fixed by 4 weeks’ notice in writing and delivered by the company to the client.
10. The client shall from his or her own resources including any personal allowance make provision for their own desired medical requisites over and above those provided by the company or its agents other than those provided by prescription or community services and any other items which include but are not limited to clothing, toiletries and/or any other items of a personal nature.
11. The company hereby agrees for those clients in receipt of a personal allowance and/or personal monies to assist in the financial management of such allowance to include the retrieval, issue and documentation of such allowance.
12. Prior to taking up occupation at the facility the client shall provide or procure the provision to the company of any information required so as to enable the company to satisfy themselves as to the comprehensive and holistic state of the client’s health and any treatment medical or otherwise required by the client including the name of his or her Medical Advisor and/or General Practitioner. This includes a pre-admission assessment by a qualified nurse in the employ of the home.
13. The client hereby agrees and undertakes to permit the company to order, take charge of and/or dispense all of the client’s prescribed medication and further hereby undertakes not to use any unprescribed medication without the prior approval or consent of the company.
14. Should the client wish to self-administer medication, the company will, following assessment and approval by the client’s General Practitioner or the facility’s Medical Advisor, in conjunction with the representative and care staff involved, make available secure personal storage for such medications whilst assisting fully in the ordering and provision of such prescribed medication to allow the client to self-administer.
15. For the avoidance of doubt, the client, unless restricted under the Mental Health Act, may leave the facility for any purpose whatsoever at the discretion of the company and/or subject, where appropriate, to the representative’s prior approval. There is a requirement on the company to comply with fire and safety legislation in knowing the whereabouts of all clients under their care. lt is hereby clarified the company will not accept responsibility for any accident, injury or any other liability whilst the client is outside the facility.
16. The client may, on taking up residence, bring any electrical item or appliance into the facility subject always to the absolute discretion of the company who reserve the right unto themselves to inspect without incurring any liability to themselves any such items in order that the company can satisfy themselves as to the condition and of the safety thereof and in compliance with electrical safety legislation.
17. At the absolute discretion of the company, items of personal furniture may be brought into the facility by the client subject to inspection as to the condition thereof and any potential defects therein which may render the article unsafe or unfit. In the event of acceptance the client shall be responsible for the transportation, insurance and eventual removal of such items from the facility. In the event of the client’s demise the responsibility for the removal of such items as aforesaid shall be that of the representative in the first instance and/or the Executors of the Client in the second instance. The company reserves unto itself the right to remove from the premises without any liability for damage any such item still at the facility fourteen days after the demise of the Client. The costs of such removal, transportation and storage shall be the liability of the representative or executors of the client.
18. The company maintains public liability insurance for the facility and provides insurance at the rate of £500 per person in respect of any valuable effects left by the client in his or her room. Such insurance does not cover and/or extend to the client’s cash, securities and/or any other negotiable instrument.
19. For insurance purposes all assets with a value in excess of £100 must be declared by the client or representative to the company by written schedule supplied upon admission (which schedule may be added to from time to time or otherwise amended).
20. a) In the event of the demise of the client any fees outstanding to the date of death shall be charged to the estate of the deceased or applicable authority. There will also be a charge on the room at the full weekly fee rate for the longer of; a period of 14 days from the date of demise or until the room has been fully cleared of all personal belongings.
b) The company reserves the right to itself to dispose of the personal belongings of the deceased after the said 14 days
c) Upon admission or at any time subsequent thereto, the client may become eligible for a financial contribution to their nursing care from a governmental agency e.g. a National Health Service Primary Care Trust (PCT). This contribution is referred to as the Funded Nursing Care (FNC). In the event that the client is considered eligible for this contribution and is assessed and awarded an amount (by the PCT) in accordance with its system, which is an amount based on client dependency, the amount assessed for the individual client is generally paid directly to the company by the relevant agency as one payment together with all the other similar awards for the residents in the home who qualify for such payments.
If the client qualifies for and is paid the FNC, the amount received by the company in respect of the client (in terms of the FNC) will be reimbursed to the client i.e. the client will always receive the FNC payment and will always remain responsible for the total amount owing the home for the home’s provision of care and accommodation. There will be a nominal fee of £5.00 charged per cheque processed by the home in respect of administration of the FNC refund.
21. This agreement contains the entire agreement between the parties hereto and includes all of the terms and conditions upon which accommodation and care is provided by the company to the client.
22. This Agreement shall be construed according to the laws of England and/or the United Kingdom as applicable.
(On behalf of the company)
(The representative, who by signing this agreement hereby binds him/herself to the provisions of this agreement undertaking to make all payments of the client should the client not do so)
The client shall pay to the company the sum of £0.00 per week. Such charge to be paid monthly in advance by cheque or banker’s order or in any other manner agreed by the parties hereto. Should a client be in default of payment of fees for a period of more than 21 days, the company reserves the right to charge interest at 2% above the prevailing bank interest rate
The weekly charge shall entitle the client to all necessary nursing, personal and social care as would normally be required and provided by the company of the care facility to a client and shall include:
- Accommodation i.e. the client’s room Room No:
Furnishing of the client’s room will include at least the following:
- A clean comfortable bed suitable for the client’s needs
- Bed Linen
- Curtains or blinds
- A mirror
- Overhead and bedside lighting
- Comfortable seating
- Drawers and enclosed hanging space for clothes
- Two accessible double electric sockets
- A bedside table
- A wash hand basin or en-suite facility
- Carpets or equivalent and appropriate floor covering
- Where appropriate, lockable space for medication and valuables
- Where appropriate, a lock to the bedroom door with key, should you require this for additional privacy
- In double rooms, screens to ensure privacy for personal care and attention.
- Within reason, the home adheres to a non-restrictive visiting policy i.e. client’s are welcome to have visitors at any time. For security purposes, night visits may require prior notification.
- Nursing and personal care
The home will promote and maintain the client’s health and social care needs and ensure access to all the necessary health care services. Specifically, it will do the following:
- Support self-care wherever possible and appropriate
- Maintain personal and oral hygiene
- Identify pressure sores or the risk of developing pressure sores and undertake appropriate action
- Seek and act on advice on continence and ensure that the necessary aids and equipment are provided and used
- Monitor psychological health and ensure that preventative and restorative care is provided
- Provide appropriate opportunities for exercise and physical activities
- Identify and act on any risk of falling
- Regularly assess and act on clients’ nutritional needs and monitor weight gain or loss
- Enable clients to register with a GP of their choice, subject to the GPs agreement. If difficulty is experienced in registering with a local GP of choice, the Registered Home Manager will consult with the local Primary Care Agency/Health Authority or Primary Care Trust
- Facilitate access to specialist medical, nursing, dental, pharmaceutical, chiropractic and other therapeutic services and hospital and community health care, as required
- Ensure access to hearing tests and ophthalmic services and, where required to the appropriate aids
- Provide information and advice about entitlements to health care in general
- Inform the client’s representative of serious illness
In the event of accident or death the Company is requested to contact the following person:-
Telephone No …………………………………………………
Additional information or specific instructions and/or requests:
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