LINDFIELD CHRISTIAN CARE HOME
THIS AGREEMENT is made on the day of
(1) Lindfield Christian Care Home of Compton House, 40 Compton Road, Lindfield, West Sussex RH16 2JZ (“the Provider”)
("the Appointed Representative”)
NB: If the Appointed Representative has power of attorney for the Resident, a copy of this must be attached to the signed Agreement, Terms & Conditions.
The Provider operates a nursing home known as Compton House (“the Home”) which is situated at 40 Compton Road, Lindfield, West Sussex RH16 2JZ, and the Home is registered as a Nursing Home with the Care Quality Commission (CQC)
The Resident wishes to reside at the Home and will initially occupy room number __
as from the day of 20
(or such other room as from time to time the Provider may make available in agreement with the Resident or their Appointed Representative)
The Weekly/Monthly Fee currently payable is per week. (at a Daily Rate of )
collected in advance on 1st of each calendar month at per month
IT IS HEREBY AGREED as follows:
That pursuant to this Agreement and in consideration of the payment by the Resident and/or the Appointed Representative to the Provider of the Fees specified in this Agreement, the Provider will:
(i) permit the Resident to take up occupation of the room specified and to reside at the Home on the terms and conditions hereinafter appearing;
(ii)to provide a complete nursing home care service which will include maintaining and promoting the Christian aims and philosophy of care of the Home, and supporting when needed such care as required to meet the Resident’s needs as specified in the Resident’s individual Care Plan.
TERMS AND CONDITIONS
A. STANDARD OF CARE
1 The Provider undertakes and agrees to provide and maintain such standard of care as is required by:
(a) the relevant Acts of Parliament in force during the term of this contract;
(b) the rules, regulations and requirements of the Care Quality Commission (CQC) The most recent CQC Report relating to the Home is on display in the Home and an individual copy can be provided on request or obtained from the website http://www.cqc.org.uk/.
(c) any other Local Authority or Government regulations from time to time in force so far as they are relevant to and relate to the matters considered under this Agreement.
2 The Provider may have accommodation available in a variety of styles and locations (for instance shared/single rooms, with/without en-suite facilities, on ground or upper floors) and will use its reasonable endeavours to ensure that the preferences of the Resident are met. However, the Provider is unable to guarantee that the precise preferences of the Resident are or will be available, and will then only be able to offer what accommodation is available subject to the Resident agreeing to this, with the offer of transferring to another suitable room when it becomes vacant.
B. FEES/FINANCIAL ARRANGEMENTS – DURATION & TERMINATION OF CONTRACT
1 The Provider makes its services and facilities available to Residents on either a “short stay” or “long stay” basis. For the purpose of this Agreement, a “short stay” is defined as a planned residency in the Home for Respite care of no less than four weeks and “long stay” is defined as a permanent residency.
2 The Resident and the Appointed Representative hereby jointly and severally undertake and agree with the Provider that they will be responsible to the Provider for the timely payment and full discharge of Fees and other charges payable to the Provider under the terms of this Agreement.
Short Stay Residents (Respite)
3 The current fees, set out in full on the front page of this Agreement, payable for a short stay are at the daily rate stated, and must be paid in full in advance of admission of the Resident. There are no refunds in the event of the Resident not staying at the Home for the original agreed period. The short stay period can only be extended at the discretion of the Registered Manager at which time a new Agreement will be drawn up and completed by all relevant parties.
4 The Provider reserves the right to terminate the Resident’s contract by giving 24 hours’ written notice, if in its opinion the behaviour of the Resident or any circumstances relating to the Resident may be considered unreasonable or detrimental to the welfare or peaceful enjoyment of other Residents or to the proper running of the Home. In such circumstances, any fees prepaid for the period after the resident vacates the Home, will be refunded by the Provider, after deducting any amounts reasonably due to the Provider.
Long Stay Residents (Permanent)
5 The current daily, weekly and monthly fees for long stay Residents (that is all Residents who are not short stay residents as defined in Clause B.1 above) are shown on the front page of this Agreement. For the calendar month during which the Resident is admitted to the Home, fees will be charged at a daily rate up to the end of that month and will be payable in advance before admission. Thereafter, fees are payable calendar monthly in advance by direct debit. Alternative methods of payment can only be made with the prior consent of the Provider. Full settlement of the monthly fee must be made within each invoicing period (i.e. the current month).
6 On the signing of this Agreement, a Deposit of 4 times the weekly fee is payable, this deposit is ring fenced and is fully refundable on termination of the Resident’s Agreement, less any deductions for outstanding amounts due to the Provider.
7 Fees are normally reviewed in November in each year, with the new rates coming into effect in January of the following year. Fee increases will be not more than 2% above the Consumer Prices Index including housing cost (CPIH) over the previous year. One months’ notice of fee increases is always given. However the Provider reserves the right to review its fees at other times, particularly if, in its reasonable opinion:
(a)there has been any material change in the Provider’s operating costs which was not reasonably foreseen at the time of the previous annual review
(b) a resident has moved to a room where different fee rates apply
(c) the Resident’s dependency or nursing/personal care needs have changed from the Resident’s needs at the time of their admission. This will be assessed by a senior Registered Nurse using an assessment tool and will be explained to the Resident and Appointed Representative
(d) Any fee increase will be subject to at least one month’s written notice and will take effect from the date stated in such notice.
8 In the event of the Resident being temporarily absent from the Home, for whatever reason, the fees are still payable in full during such absence. The Provider may be prepared to discuss a fee reduction for periods of absence which go beyond 4 weeks, but any reduction will be at the Provider’s discretion.
9A The Provider will assess possible NHS registered nursing needs (Funded Nursing Care or Continuing Health Care Funding) upon admission, if nursing needs indicate possible eligibility a referral will be sent, with the Residents consent, to the CHC Team based in Worthing. It will then become the CHC Team’s responsibility to assess eligibility. If eligibility is agreed the NHS will send the financial contribution directly to the Nursing Home.
9B When the provider is informed that a resident’s capital threshold has reduced to below £23,500 The provider will direct the resident/NOK to the Social Service dept. for a financial assessment.
10 The Provider hereby agrees that, if the Resident is in receipt of any allowances from Primary Care Trust Government bodies or individual charities that are paid directly to the Home, these payments will be deducted from the next monthly invoice. Proof of date and amount of such receipt can be provided on request.
Duration of Agreement for Long Stay Residents
11 The first 4 weeks of a Resident’s occupancy is regarded as a trial period and the Agreement may be terminated by either party during this period by giving 24 hours’ written notice. Fees are not refundable during this trial period.
12 After the trial period has expired, the Agreement can be terminated by either party by giving one calendar month’s written notice to the other party. However the Provider reserves the right to terminate the Agreement by giving 7 days written notice if:
(a) any amount due to the Provider is not paid within 30 days from the invoice date;
(b) in its reasonable opinion, the Provider is or becomes unable to provide the degree of care required by the Resident; or
(c) any other term of the Agreement is breached (in particular, non-payment or persistent late payment of fees due)
13 In addition, the Provider will be entitled to terminate the Resident’s contract by giving 24 hours’ written notice if, in the Provider’s opinion, the behaviour of the Resident or any other circumstances relating to the Resident may be considered unreasonable or detrimental to the welfare or peaceful enjoyment of other Residents or to the proper running of the Home.
14 In the event of the Resident’s death, the responsibility for the removal of any of the Resident’s personal effects (including furniture) shall be that of the Appointed representative in the first instance, then of the Resident’s Executors and/or relatives, and the Resident’s room must be cleared of all such personal effects within 3 days (unless other arrangements have been agreed with the Provider) after which the Provider reserves the right to remove and dispose of, as it sees fit any such item(s) from the Home without liability for loss or damage thereto. Fees will continue to be payable for a period of up to 7 days after death
Fees Refundable upon Termination (only applicable to Long Stay Residents)
15 Subject to the other terms of this Agreement, in the event of the Resident ceasing to be resident in the Home for any reason, any monthly fees paid in advance will be refunded to the Resident (or his/her Appointed Representative/Executor as appropriate) after being subject to a retention by the Provider of not more than 7 days’ fees.
Interest and Legal Fees
16 Any amount not paid to the Provider on its due date, or without the prior written approval by the Provider for such a delay in payment, will bear interest from the due date at a rate equal to 2% above the base rate of the Provider’s bankers. This is at the discretion of the Provider as to whether this is enforced, but does not affect their rights to enforce at a future date. Interest due must be paid together with the amount of arrears in question. Any legal costs reasonably incurred by the Provider to recover fees outstanding will be added to such amounts and become payable to the Provider.
Items Included in Fees
17 The Provider is responsible for providing the following services and facilities within the fees specified in this Agreement.
- accommodation and full board (three meals per day, giving a reasonable choice of menus, including special diets for medical conditions)
- the cost of electricity and gas central heating
- incontinence supplies
- housekeeping and cleaning of rooms
- periodical decorating and refurbishment in accordance with the Provider’s policy
- provision of professional qualified nursing staff
- provision of staff on a 24 hour basis
- nurse call system in all rooms
- Provision of WiFi
- laundering of bed linen and personal items not requiring dry cleaning
- a range of social and wellbeing activities
- occasional outings where appropriate and periodical visiting entertainment.
Items not included in Fees
18 The Provider is not responsible for providing the following services and facilities under the terms of this Agreement, but will use its reasonable endeavours to ensure that any such services and facilities can be made available to the Resident at his/her own cost. The Provider normally pays the cost direct to the Professional for some of the s services below and then charges this back to the Resident in the monthly invoice.
- physiotherapy (this must be arranged by the resident/NOK directly with the physiotherapist. The fees are paid by the resident directly to the physiotherapist)
- taxis and other transportation
- personal dry cleaning
- non-NHS optical, audiology and dental requirements or other specialist services services (these must be arranged by the resident/NOK directly with the service concerned and fees paid by the resident directly to them)
- telephone rental and cost of telephone calls
- clothing and personal effects
- alcoholic beverages
If special beverages or special dietary foods other than for medical conditions are requested, these may be recharged to the resident.
C. RIGHTS OF RESIDENCY
1. Residency in the Home does not constitute an assured tenancy under the Housing Act 1988 and does not create or infer any right to security of tenure. The Resident will be allocated a room on admission, which the Resident will occupy as a licensee only. It is not the normal policy or practice of the Provider to ask a Resident to move from one room to another, however the Provider reserves the right to relocate a Resident at any time, for example but without limitation, if the Provider should need to carry out maintenance or repair works in, or in the direct area of, the room or if the room requires decorating. Where a transfer is considered to be necessary, the Provider will make all reasonable endeavours to discuss and agree the transfer with the Resident, and where a discussion is not practical, if appropriate, discussion will be with the Appointed Representative prior to such transfer. The Resident acknowledges that the Provider shall have, and needs, unrestricted access to the room in order to provide the services referred to in this Agreement. Room transfers may also take place if a Resident requests to move for their own reason subject to an appropriate alternative room being available. Any cost incurred with such a move would be recharged to the Resident requesting the move.
2. The Resident may remain in the Home if his or her finances reduce to a level where he/she becomes entitled to Social Service funding PROVIDED ALWAYS that the Monthly, Weekly or Daily Fee continues to be paid in full (including any increases which come into effect under Clause B6 of this Agreement). This condition may only be varied at the absolute discretion of the Provider.
D. GENERAL CONDITIONS OF THIS AGREEMENT
This Agreement does not affect any individual’s statutory rights.
1 The Appointed Representative acknowledges that he/she is a party to, and subject to, all relevant aspects of this Agreement.
2 The Provider agrees that the Resident shall take up occupation in and reside at the Home subject to the terms and conditions contained in this Agreement provided that this Agreement is signed by or on behalf of the Resident and the Appointed Representative and returned to the Provider prior to the Resident taking occupancy in the Home.
3 The parties agree that this Agreement shall be subject to the laws of England and Wales, and if any paragraph or section is deemed to be unenforceable by any competent court or authority, this Agreement shall continue to operate as if the unenforceable paragraph or section had been omitted entirely from this Agreement.
4 The clause headings do not affect the interpretation of the Agreement.
5 Failure and /or delay by the Provider to give effect to any term or condition imposed on the Resident or the Appointed Representative under this Agreement does not constitute a waiver of such a term or condition or in any way prejudice or affect any of its rights or remedies under this Agreement.
6 This Agreement is subject to the other terms and conditions set out in Schedule 1 and such other terms and conditions as the Provider acting reasonably may from time to time impose in writing for the proper management of the Home and welfare of the Residents.
7 The complaints procedure is set out in Schedule 2 to this Agreement and is non-contractual. Any amendments to this procedure will be notified to the Resident in writing.
8 The Provider only holds and keeps data in order to understand and plan individuals care and treatment, and for contacting significant others which will always be held in line with our Regulator the Care Quality Commission, The General Data Protection Regulations and legal guidance.
SCHEDULE 1 – OTHER TERMS AND CONDITIONS
A. MEDICAL CARE
1 Prior to taking up occupation at the Home, the Resident shall provide (or arrange to provide) any information required, so as to enable the Provider to assess and satisfy itself as to the state of the Resident’s health, any treatment (medical or otherwise) required by the Resident including the name of his/her General Practitioner (“GP”). The Resident acknowledges that the information so provided is personal and sensitive, and agrees that the Provider should make such information known to such persons as reasonably need to know such information in order to enable the Provider to fulfil its obligations.
2 The Resident must be registered with a GP throughout their stay at the Home. Registration with the GP can be private, in which case the supply of drugs and medications will also be private, payments for these arrangements would be paid privately by the Resident or their Appointed Representative and would not be facilitated by the Provider. The Provider is not liable for payment of these fees or charges.
3 The Provider offers the services of the Home’s GP, under the National Health Service, who regularly visits the Home and whose Practice provides 24 hour emergency medical cover. Where the Resident wishes to continue using their own GP, the Residents’ GP must agree to visit the Home at the Providers request. The Provider will use all reasonable endeavours to facilitate this, but reserves the right to request the Home’s GP to treat the Resident should the need arise. If any prescription or medical forms need to be collected from a surgery other than the Home’s surgery, then the Resident or the Appointed Representative must make arrangements for any such collection or delivery.
4 Residents are requested to bring in an adequate supply of any prescribed medications with them when first taking up residency in the Home. The Resident, either personally or through the Appointed Representative, hereby agrees or undertakes to permit the Provider to order, take charge of and/or dispense all of the Resident’s prescribed medication. The Resident further undertakes not to use any non-prescribed medications without the prior approval or consent of the Care Manager or GP.
5 If the Resident wishes to self-administer medication, the Provider will (following assessment and approval by the Resident’s own GP or the Home’s GP, and in conjunction with the Provider’s relevant nursing staff) make available secure personal storage for such medications while assisting fully in the ordering of prescribed medication to allow the Resident to self-administer such medication.
B. MISCELLANEOUS CONSIDERATIONS
1. The Provider acknowledges that the Resident may wish to partake of alcoholic beverages from time to time, but requests that the Resident makes the nursing and/or senior care staff aware of such use to ensure that no medical or nursing care is compromised or contra-indicated. The Provider reserves the right to limit or cease the use of alcoholic beverages if in the reasonable opinion of the senior nursing staff, the effects to the Resident and/or other persons from such use is detrimental. All alcoholic beverages are to be paid for by the Resident or their Appointed Representative
2. No smoking is permitted at any time within the Home. Any Resident or visitor not observing this prohibition may, at the absolute discretion of the Provider, be asked to leave the Home with immediate effect and with no recourse to the Provider.
Health and safety
3. The Provider is required to comply with all aspects of fire, health and safety regulations, and in order to fulfil its obligations needs to know the whereabouts of all Residents under its care. Therefore if the Resident, having been deemed capable, wishes to leave the Home temporarily, either alone or with others, the Resident must ensure that the senior member of the Provider’s care staff is notified of both the Resident’s departure from and return to the Home. It is hereby clarified that the Provider will not accept responsibility for any accidents, injury or other liability while the Resident is outside the care and jurisdiction of the Home. The Provider also requires that all visitors to the Home must sign the visitors’ book on arriving and departing maintained for this purpose, in the entrance hall of the Home.
4.1 The Resident must ensure that all items of clothing are clearly labelled, as the Provider cannot accept any responsibility for loss of or damage to unmarked clothes. The Provider will ensure that all reasonable care is taken when laundering Residents’ clothing, but cannot accept responsibility for loss or damage to such clothing during the laundering process, except through willful negligence. It is therefore advisable for Residents and the Appointed Representative to make separate arrangements for the laundering of delicate and/or expensive items of clothing.
4.2 The Resident may, on taking up occupation within the Home, bring any reasonable personal electrical items including but not limited to a television set or radio, subject always to the absolute discretion of the Provider. Any electrical appliance must be PAT tested by the Provider, which if after inspection, the Provider considers to be unsafe should be removed. If it is not removed, the Provider reserves the right to dispose of the item.
4.3 A Resident who uses his or her own television in the Home is liable for payment of the appropriate licence fee. Concessionary rates are available from the TV Licensing Authority for which some Residents may qualify, for which further details are available on request from the Provider.
4.4 At the discretion of the Provider, the Resident may also bring small pieces of furniture and other personal items into the Home subject to the Provider inspecting the condition thereof. If the Provider accepts the item(s) into the Home, the Resident or the Appointed Representative shall be responsible for the transportation, insurance and eventual removal of such item(s) from the Home. All such personal effects of the Resident should be clearly labelled, as the Provider can accept no responsibility for the loss of, or damage to, such personal effects (including money, jewellery and other valuables) except in the case of fraud, theft or wilful negligence by the Provider, or its employees.
4.5 No pets are permitted to live in the Home
5 There are telephone points in all rooms in the Home, which are connected to the Home’s independent telephone system. There is a monthly rental charge payable in addition to the fees detailed in this Agreement if the telephone system is used.
6.1 The Provider maintains public liability insurance for the Home and maintains an insurance policy to cover the Resident’s household goods and personal effects, but this is limited in amount currently to £1,500 per Resident, with an excess of £250 per cliam with no individuals item, pair or set worth more than 50% of the limit. Personal money, credit or debit cards are not included as residents effects.
6.2 If a Resident believes the total value of their possessions kept in the Home exceeds this amount they, or their Appointed Representative, are responsible for ensuring appropriate insurance coverage is maintained in force, as the Provider cannot accept any liability beyond the limits of its own insurance policy. If the Resident has an individual item worth more than the stated amount, the Resident or the Appointed Representative must declare it at time of admission, and alternative insurance arrangements made for these items. All possessions are brought to the Home at the Resident’s own risk and the Provider does not take responsibility for any loss or damage to these items.
7 The Provider is required to comply with prevailing Data Protection legislation and with effect from 25th May 2018 will be compliant with the General Data Protection Regulation. The Provider will retain personal and sensitive data about the Resident in both electronic and manual files for a period of up to 3 years following the date of discharge or death, after which such files will be destroyed.
7.1 In line with the General Data Protection Regulations 2018 the Resident/Appointed Representative hereby gives permission for the provider to gather, hold and keep data in order to understand and plan individuals care and treatment, and for contacting significant others which will always be held in line with our Regulator the Care Quality Commission, The General Data Protection Regulation and legal guidance.
SCHEDULE 2 – COMPLAINTS PROCEDURE (NON-CONTRACTUAL)
A. COMPLAINTS PROCEDURE
1. Should the Resident have a complaint or query arising out of the provision of services by the Provider under the terms of this contract, the Resident or the Appointed Representative should refer such query or complaint in the first instance to the person in charge of the Home at the time. The Home supports the principle that most complaints, if dealt with quickly, early, openly and honestly can usually be resolved between the complainant and the Home. In any event the Provider (either directly, or through its employees,) shall use all reasonable endeavours to answer any such query or complaint and if cannot be resolved promptly or a formal complaint is received then it will be acknowledged in writing within 3 working days. This will explain that the complaint will be investigated and a response given within 28 working days. If the complainant is not satisfied with the way their complaint is dealt with, or with the outcome, they may write to the Chairman of the Trustees (or to any other Trustee, in their absence) who will consult with others if appropriate. The Chair of Trustees will investigate and give a response within 28 working days
2. If the complaint is of a serious nature or no satisfactory solution is forthcoming to the satisfaction of the Resident and/or the Appointed Representative, the matter may be referred to the Care Quality Commission.
For and on behalf of the Provider
NAME Mrs Paula Craen RGN RMN BEd Hons
POSITION Registered Manager
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the Appointed Representative