TERMS FOR KC AGREEMENT

Business Operations:  Each Kandaka Care (“KC”) office is an Independently owned agency.

Nature of KC Services:  The services of KC employees include but are not limited to homemaker, transportation, companion and personal care services.  KC and its employees do not practice medicine or nursing, and make no recommendations concerning diagnosis, prognosis, treatment, medication, dosage, prescriptions, or other medical or health related services.

Medications:  Medication administration, management, and delivery is governed by the SC Board of Nursing, which is managed by the SC Department of Labor, Licensing and Regulation (SC LLR).  The charter of the SC Board of Nursing is defined by the SC Legislature in SC Code of Laws 40-33-20(47) and (48) and specifically states “The practice of registered nursing includes but is not limited to administering and delivering medications and treatments prescribed by an authorized licensed provider.”  The Board of Nursing has delivered additional clarity and details in their Position Statements; their Position Statement on Assistance with Medications reinforces that medication administration is still within the purview of licensed nursing professionals, but it does “recognize(s) that there are settings and circumstances where individuals must take medications to maintain their health status where the regularly scheduled presence of a nurse is not required. Often these individuals may need assistance with taking their medications.  Assisting an individual to take medication may include the acts of reminding the individual of the time to take the medication, opening the container that is properly labeled, or assisting the individual to place the medication in the mouth or properly apply the medication. In these settings, the designated caregiver may assist the individual with taking the medication.”  KC follows these regulations and can assist as defined, with documented family instruction and approval.  KC is not permitted to dispense medications (i.e. load pill boxes) per SC Code of Laws 40-43-30(14).

HIPAA Privacy Authorization for Use or Disclosure of Protected Health Information:  I authorize the release of HIPPA protected health records/information to Kandaka Care when needed to support the agreed upon Plan of Care, effective from the date of this agreement through termination of care.  I understand that I have the right to revoke this authorization, in writing, at any time.

Emergency Procedures:  KC is not an emergency care service.  In emergencies, the KC employee will call 911 (or the Hospice provider if the client is under Hospice care) and then will contact KC.  KC will then contact the Contact stated at the beginning of this Agreement or, in the absence of a Contact other than Client, Client’s next of kin.

Supplies: Client or Responsible Party is responsible for providing supplies required for the agreed upon care plan such as household, laundry and personal cleaners, disinfectants and supplies, gloves, wipes, briefs, waterproof pads, etc.

Gifts/Gratuities:  KC caregivers are prohibited from accepting any type of gift or gratuity from a Client or a member of Client’s family or arising from the caregiver’s services for Client.

Securing Property & Weapons:  Client shall secure all cash and valuables in a secure place (such as a safe or safe deposit box) or remove them from Client’s premises. KC caregivers shall be bonded and Client shall file a police report in the event that any cash or valuable is found to be missing from Client’s premises.  Additionally, Client shall maintain insurance coverage for the theft or loss of cash or valuables.  In addition to guns and ammunition, household articles that may be used as weapons (i.e. knives, golf clubs, baseball bats, etc.) in Client’s residence shall be locked up at all times.

Service Rates: The rates for services are noted on the attached Rates and Services sheet

Changing Rates:  The rates stated in the attached Rates and Services sheet may be changed from time to time by KC; Client shall be given at least fourteen (14) calendar days written notice prior to the change.

Changing Services or Schedule:  In the event Client wishes to alter the time or date of services during a single week or cancel a shift, Client must notify KC of the requested change at least twenty-four (24) hours prior to the time the service is regularly scheduled to begin.  Change notifications are to be called in to our office at (864) 905-1113.  Notice given to an KC caregiver and not to the KC office is not considered notice to KC.  If Client does not provide the required 24-hour notice, Client agrees to pay for the full scheduled hours.

To change the weekly schedule during more than a single week, Client must notify KC at least seven (7) calendar days prior to the week Client wants the new schedule to begin by calling the office at (864) 905-1113.

Schedule change notice given to a caregiver and not to the office is not considered notice to KC.

Refusal of Service:  Client agrees to pay for the full scheduled shift if service is refused or not needed without prior change notification or is not at his/her residence when the caregiver arrives to provide scheduled service.

Initial Schedule:  KC will provide services on the days and times stated below, subject to change per provisions of the Client Services Agreement:

Overtime Rate: The overtime rate is one-and-one half times the base hourly or daily live-in rate and is charged for any caregiver who works more than 40 hours in a workweek (Monday through Sunday).  KC will not schedule any caregiver for more than forty (40) hours in a workweek without prior consent of the Client or Client’s representative.

Holiday Rate: KC recognizes the following holidays, which will be billed at one-and-one-half times (1.5x) the base hourly rate.  The holiday rate begins at 12:00 a.m. and ends at 11:59 p.m. unless otherwise noted.  Any service that begins during these periods will be charged at the holiday rate.  KC holidays are:

Insurance:  We don’t accept insurance. Only private pay

Respite Vouchers:  KC accepts approved respite vouchers for payment of services and will process vouchers as per the voucher holder’s rules and processes. Charges not covered by the voucher holder will be paid for by the Client and/or Financially Responsible Party. 

Deposits:  Prior to the initiation of service, KC requires a deposit equal to the applicable hourly rate for the service requested times the hours of service requested for the first fourteen (14) days of service.  This money will be held by KC and applied to the final invoice after termination of services.  Any balance remaining after all outstanding invoices have been paid in full will be refunded.  Deposit can be made via credit/debit card or check as selected (with amount), and deposits will be waived with agreement to pay for service via credit/debit.

Billing and Payment:  Hourly services shall be billed by the minute.  Payment to KC shall not be paid to any KC caregiver providing services pursuant to this Agreement.  In the event there is no insurance or other third-party payor, or insurance or a third-party payor denies payment to KC, the Client and/or Financially Responsible Party is responsible for payment.  Invoices are generated semi-monthly, on the 15^th and last day of every month, and are due upon receipt.  If an invoice is not paid in full within thirty (30) calendar days after the date of the invoice, a late fee of ten percent (10%) of the amount unpaid shall be imposed and be due. Client shall reimburse KC for any fee charged by a bank due to insufficient funds (i.e. NSF charge).  In the event KC is required to take action to collect any amounts due under this Agreement, Client shall pay KC’s reasonable attorney, court and/or collection agency fees and costs incurred in collecting those amounts.

 Termination:  Prior to the start of service or within the first week of service, this Agreement may be terminated by the Client or KC for any reason with no requirement of advance notice. Subsequent to the first week, this Agreement shall remain in effect until either party gives the other not less than seven (7) calendar days prior written notice of termination.  Such prior written notice is required under all circumstances, excluding hospitalization and/or death of the care recipient.  KC may terminate services without such prior written notice if Client fails to pay for services as required by this Agreement and/or his/her account is more than fourteen (14) calendar days in arrears, or if the health and safety of an KC employee is at risk.

Transportation:  KC Caregivers are permitted to provide transportation for Client in the Client’s insured vehicle or the Caregiver’s insured vehicle per Client choice and approval.  The vehicle owner ensures that the Caregiver is authorized and insured to drive that vehicle.  If the Caregiver’s vehicle is used, Client shall pay the mileage fee stated in the attached Schedule of Services and Fees for authorized transportation while “on the clock”. Client shall indemnify and save harmless KC, its officers, agents and employees from any and all liability, loss, damage, or injury arising from an KC employee providing transportation for Client, including but not limited to any liability, loss, damage, or injury arising from the negligence of KC, its employees or agents.

Hiring KC’s Employees: Because KC invests considerable time and expense recruiting, hiring, and training its Caregiver employees to provide services, Client shall not, directly or indirectly, employ or receive services from any employee of KC, except as contemplated by this Agreement, during the term of this Agreement and for a period of one (1) year following the date of termination of this Agreement.  This prohibition includes but is not limited to:

1. Paying the employee directly for services during the employee’s employment with KC;
2. Paying the employee directly for services after the employee’s employment with KC is terminated;
3. Paying another agency, person, or entity for services provided by the employee after the employee’s employment with KC is terminated; and,
4. Accepting services from the employee while the employee is employed by another agency or entity.

In the event that Client violates this condition, Client shall pay eight-thousand dollars ($8,000.00) for each such employee to KC as liquidated damages and any reasonable attorney’s fees and costs associated with collecting those liquidated damages. This amount reflects the costs of recruiting, screening, and training the employee(s).  In addition to this remedy, KC shall be entitled to obtain injunctive relief against any violation of this Agreement, without notice to Client, without the necessity of proving actual damages and without posting a bond.  These remedies shall be cumulative and not mutually exclusive.  KC reserves the right to pursue any other or further remedies at law or in equity to enforce its rights under this agreement.

Jurisdiction & Venue:  If it is necessary to litigate a dispute arising out of or relating to this agreement, Client agrees to jurisdiction in the State of South Carolina and venue in the County of Greenville or Spartanburg per county of residence.

Entire Agreement & Severability:  This agreement contains the entire understanding of the parties regarding the subject matter of this agreement, and supersedes all prior and contemporaneous negotiations and agreements, whether written or oral, between the parties with respect to the subject matter of this agreement.  If a provision of this agreement is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of this agreement will not be impaired. 

Release of Liability: Client hereby releases KC from liability for any act or omission of an KC caregiver that may be harmful to Client and that arises from the provision of services to Client pursuant to this Agreement, including those acts or omissions that arise from an KC employee’s negligence. Client shall maintain homeowner’s insurance, medical insurance, auto insurance and/or other coverage as may be necessary to provide protection for Client.

 AGREED AND ACCEPTED: 

Note: If you sign this Client Services Agreement on behalf of the Client and are the Client’s Power of Attorney or court-ordered Legal Guardian, copies of these legal documents must be attached to this Agreement.

FINANCIALLY RESPONSIBLE PARTY

By signing below, I, the above-identified Financially Responsible Party, jointly and severally, agree to pay for any and all charges for services KC provides to the Client pursuant to this Client Services Agreement and the attached Schedule of Services and Rates, as both may be amended from time to time, and for any other financial liability of Client arising from this Client Services Agreement.

Kandaka Care Transactions:  As a duly authorized signer on the financial institution account identified below, I authorize Charis Unlimited, dba Kandaka Care of Greenville/Spartanburg, (herein referred to as “COMPANY”), to perform scheduled or periodic electronic funds transfer debits and/or credits from my account identified below for payments due or, when applicable, to apply electronic funds transfer credits to the same. I understand the dollar amount can vary depending on services performed.