The assistance contract – what does it have to say?

The essentials in summary:

• Anyone using a nursing service must first enter into a written nursing contract with the provider.
• The care contract must be given to the person in need of care as a contractual partner in writing.
• A careful analysis of the fine print will reveal whether everything important has actually been regulated.

Before deciding on a service provider, you should read the fine print of the service contract. It states, among other things, what services does the service offer. Certain content is even required by law. But don’t worry: you don’t need to have any prior legal knowledge to know if everything important is actually regulated in the contract.

However, these points must always be included in the care contract:

1. Contractual partner:
   The contractual partner must only be the person in need of care be yourself. For example, if family members are included in the contract, the nursing service can also assert financial claims against them. If the person being cared for is no longer legally competent, the person authorised to represent him/her, for example through a power of attorney or as a court-appointed carer with a carer’s identification, should only sign the contract with the addendum “on behalf of”.
2. Services and costs:
   In each service contract, not only the specifically agreed services and costs of the service must be described precisely, but also the Nursing care insurance cost contribution and health insurance. Ask the nursing service to create a sample invoice for you. You will then be able to not only see how high your own contribution is, but also better compare the contract with other offers.
3. Cost estimate:
   The cost estimate is equally important. Here you will find a detailed list of services and the corresponding costs. You can then understand whether anything changes.
   It should also be noted that in many cases, long-term care insurance benefits are not sufficient to cover the costs. With the help of the cost estimate, you can immediately see whether you need to cover part of the costs. If you do not have sufficient financial means to pay this contribution, you can do so yourself. Request medical assistance.
4. Nursing documentation:
   The nursing service must document on a daily basis which tasks have been performed for the person in need of care. This now happens online via smartphones or tablets. However, the person in need of care can request a paper printout from the nursing service. You also have a claim against the nursing care insurance fund to send you a so-called statement of account. Here you can see which services have already been invoiced and how much money you still have to spend.
5. Performance test:
   The care contract should specify that you will receive a copy of the performance report. The report is the basis on which nursing services later bill health insurance companies. Those who require care must sign these performance reports at the end of the month before the nursing service forwards them to the nursing care fund for billing.
   You should not sign the performance certificate blindly, but rather compare it with the nursing documentation beforehand. The information in both documents must match. How do you behave when you Find errors in the performance testyou can read about it in the linked article. There you will also find more recommendations for handling proof of performance and a sample letter.
6. Invoice:
   Under no circumstances should you agree to advance or partial invoices in the care contract. Direct debit authorization is also not advisable: If you pay the invoice by bank transfer, you will not only have a better overview of the bill, but you can also reduce the invoices if you are not satisfied with the service provided. Services that have to be billed to the nursing provider or health insurance are also billed directly by the local nursing service. In the linked article you can read what you can do if the Incorrect invoice It is.
7. Responsibility:
   The care service must be liable for damage caused by employees, e.g. lost keys, scratched furniture or broken crockery. Liability should not be limited to intent or gross negligence. Such a restriction would mean that the person in need of care would be liable for the damage in certain minor cases of negligence. However, in nursing service contracts, liability is usually limited to intent and gross negligence.
8. Termination:
   The person in need of care can terminate the contract without notice in accordance with Article 120 Paragraph 2 Sentence 2 of the Social Code 11. This special legal regulation goes back to the decision of the Federal Court of Justice of June 9, 2011.
   The nursing service may also terminate the contract. However, there is no special regulation for this, so the general rules of the Civil Code apply. The decisive factor is the notice period agreed in writing in the contract with the nursing service.
   It should be remembered that the person who needs care in the event of dismissal by the nursing service enough time to look for a new service must have. The notice period should be correspondingly long. The usual two weeks is often too short due to the lack of capacity in many nursing services. It is therefore an advantage for the nursing service to have a longer notice period. A notice period of six weeks would be desirable, but this is rarely found.
   Furthermore, the care service can terminate the contract immediately for an important reason, for example if the person in need of care does not pay the bill for a longer period.
   The nursing service, on the other hand, should, if possible, only be able to terminate the contract with longer notice, for example six weeks before the end of the quarter.
   The contract ends with the death of the person requiring care. The contract must be suspended during hospitalization or in a ward.