When it comes to outpatient care, people in need of care and their families often rely on the support of a nursing service. Consumer advice centers answer typical questions about outpatient care contracts.
The essentials in summary:
- Notice periods can be agreed upon contractually. The longer the notice period for the customer service, the more time you have to look for a new one.
- Investment costs also appear in the maintenance contract. These are operating expenses that can be passed on to the person requiring care.
- Costs must be listed individually in the service contract. Stating a total alone is not sufficient.
- It should be agreed in the care contract what happens to costs during periods when the person needing care is not cared for at home.
Termination by the nursing service always brings great problems for the people in need of care and their relatives. In principle, the nursing service can terminate the contract. This happens in accordance with the contractually agreed regulations or in accordance with statutory regulations. In some federal states, providers are only allowed to terminate care if continued care is guaranteed through a new service. Contact the nursing care insurance fund and get advice there.
Can the nursing service cancel my appointment from one day to the next?
If in doubt, it depends on what is written in the contract. Therefore, you should agree that the nursing service can only terminate your contract in writing, with at least six weeks’ notice. Even better would be a regulation according to which the contract only ends when a new care service is found.
If there is nothing in the contract about termination, the legal regulations apply. These state that termination of a nursing service is generally possible from one day to the next. With care contracts, however, there is a special relationship of trust between the care service and its contractual partner in need of care. This is why the right to terminate the care service is so limited that the person in need of care must be given the opportunity to find a new care service in the event of termination.
What happens if you are unable to find a new nursing job during your notice period?
If your nursing service does not adhere to this, the termination will unfortunately still be effective under certain conditions. As a person in need of care, you could then be entitled to compensation – but you would still be left without a care service. The damages could, for example, be that you would have to be treated as an inpatient until a new outpatient care contract is concluded, which would result in higher costs.
Given that the legal situation regarding termination by the nursing service is not favourable to the consumer, the nursing contract must clearly regulate when and with what notice the nursing service can terminate the contract.
My care bill includes investment costs. What does this mean?
Care facilities, including outpatient care services, often charge capital costs. These are certain operating expenses, such as lease payments for a company car. If care services do not receive public funding, they may pass these “operationally necessary capital expenses” on to those who need care.
Nursing care funds do not contribute to the investment costs. However, those in need of care only have to pay these costs if this is agreed in the contract. Unlike the remuneration for care, the amount of the investment costs is not negotiated in advance between the care services and the care insurance funds. As a consumer, you must therefore check for yourself whether these costs are permissible. There is no public advice centre for this.
In many cases, it helps to compare prices with other providers. Investment costs may not automatically increase if reimbursement for care increases.
Can I request a written care contract?
Yes, you can – and should! This way, ambiguities can be avoided, for example regarding termination or agreed services. Please note: The contract must be signed by both contractual partners. If the contract is signed by an authorized family member or caregiver, this must be definitely indicated by an appropriate addition, for example “on behalf of”.
Is it sufficient if only the total price is indicated in the service contract?
No. The agreed services must be listed with individual prices in the care contract. It is not enough to simply state the total costs. The individual services must be clearly described, including the costs involved. It must also be determined when and how often the nursing service will come. This way, later disputes can be avoided.
Certain care tasks are often grouped together into so-called service complexes, which are then billed as a whole. But the same applies here: have the content of the service written down in detail. If attachments are referenced, be sure to obtain them.
Care is interrupted briefly, for example due to a hospital stay or travel. Do I still have to continue paying?
This depends on what you have agreed to. Therefore, make sure that your care contract clearly states the time until which you can cancel your use of the care service free of charge. 24 hours would be a reasonable time limit here, but also shorter in emergencies. Also agree that the contract will be terminated if you need to be admitted to a hospital or to a rehabilitation or short-term care facility.