Pan-Wales Draft Contract
Adran Y Gwasanaethau Cymdeithasol
Department of Social Services
STANDARD TERMS AND CONDITIONS
OF CONTRACT FOR THE PROVISION
OF SERVICES FOR ADULTS
IN CARE HOMES
August 2011
CARE SERVICES FOR ADULTS
Contents
Details of the Contract
Definition of Terms within this Contract
List of Clauses
- Commencement and Duration
- Complete Contract
- The Service
- Care Management
- Nursing Care Assessment
- Standards of Service
- Liaison and Access Arrangements
- Information and Communication
- Trial Period
- Review of This Contract and Individual Placement Agreements
- Absence from the Residence
- Emergencies
- Inability To Meet The Terms Of The Contract
- Termination
- Termination of the Individual Placement Agreement
- Monitoring and Evaluation
- Protection of Vulnerable Adults and Children
- Complaints
- Confidentiality and Data Protection
- Human Rights
- Freedom of Information and Openness
- Legislative Requirements
- Equal Opportunities
- Welsh Language Act 1993
- Health and Safety
- Staffing
- Criminal Records Bureau/Protection of Vulnerable Adults
- Care Standards Authorities
- Insurance and Indemnity
30. Assignment and Subcontracting / 18
31. Agency / 18
32. Variations / 19
33. Resolving Complaints and Disputes Arising From The Contract / 19
34. Default / 19
35. Declaration of Interests / 20
36. Waiver / 20
37. Severance / 20
38. Form of Agreement / 21
Appendix AFinancial Arrangements
Appendix B: The Management of Financial Affairs for Service Users in Care Homes – Guidelines
Schedule One: Service Specification for the Provision of Services for Adults In Care Homes
Schedule Two: Individual Placement Agreement
Schedule Three:Service User Care Plan
Schedule Four: Confirmation of Residency Form
Schedule Five: Weekly Movements Return Form
Schedule Six: Death and Discharge Form
DEFINITION OF TERMS WITHIN THIS CONTRACT
Accommodation / Service User’s allotted room/s within the Home.Additional Voluntary Contribution / The payment due by a Third Party for social care needs only as recorded in the Individual Placement Agreement.
Assessment / An assessment undertaken by the Service Purchaser in relation to a Service User’s needs carried out in accordance with the NHS and Community Care Act 1990 and/or the National Health Service (Nursing Care in Residential Accommodation) (Wales) Directions 2001, the latter made by reference to the assessment process set out in the Workbook on NHS Funded Nursing Care by Registered Nurses in Wales (National Assembly for Wales December 2001). Directions revised 1st April 2004.
Business Services Centre / Is the name given to the organisation carrying out a number of central functions on behalf of the Hywel Dda Health Boards.
Care Home Co-ordinator / The Officer of the Hywel DdaHealth Board responsible for the management of the NHS Funded Nursing Care
Care Home / A Home registered under the Care Standards Act 2000 and the establishment set out in the “Details of this Agreement” on page iv.
Care Manager / The Officer of the Service Purchaser, or other statutory organisation with delegated responsibility, responsible for assessing the needs of the Service User and establishing and reviewing the individual Care Plan, or his nominated representative.
Care Management / The assessment and management of social care needs undertaken by an Officer of the Service Purchaser.
Care Plan / The Care Plan is prepared by the Care Manager identifying the Service User needs and specifying the care arrangements for each Service User and involving the Service User, Service Purchaser and Service Provider. It will include the Service User’s personal details and identify general goals for care or support, including personal care, social and emotional needs, and any other special information that may be required by the Service Provider to enable him/her to deliver the service.
Care Standards Authorities / The bodies responsible for the regulation of social care and private health care in their respective countries: The Care Standards Inspectorate for Wales and the Healthcare Commission and the Commission for Social Care Inspection inEngland.
Care Worker/Staff / These terms will be used interchangeably. A person employed by the Service Provider to meet the Service User’s care needs.
Commissioning and Contracts Officer / The Officer of Ceredigion County Council Social Services Department responsible for the commissioning and contracting arrangements
Complaints Officer / The Officer of either the Ceredigion County Council Social Services Department or Hywel DdaHealth Board who administers the Complaints Process.
Continuing Care / A package of care funded from both the NHS and Social Services. It applies where a person does not meet the eligibility criteria for Continuing NHS Health Care but still has a combination of health and social care needs.
Continuing NHS Health Care / Specialist nursing and/or medical care that is required continuously or at unpredictable intervals measured during a 24-hour period and requires an immediate response and is funded solely by the NHS.
Contract / An agreement between the Service Purchaser and the Service Provider for the delivery of the Service to a Service User
Designated Officer / That person authorised by the Service Purchaser to act on all matters relating to this Contract.
Duly Authorised Signatory / The persons who are entitled to sign this Contract on behalf of the Service Purchaser and the Service Provider.
Individual Placement Agreement (IPA)
(Schedule Two) / This records the agreed weekly price for the Services in the individual Care Plan of this Contract. The IPA specifies the weekly charge, the Service User’s contribution, the existence of any additional voluntary contributions and the date of service commencement. The IPA will be delivered in accordance with the Standard Terms and Conditions of Contract for the Provision of Services for Adults in Care.
Intermediate Care / Care which involves a joint approach to the provision of a range of services to prevent avoidable hospital admission and stays, maximise older peoples rehabilitation and recovery after illness or injury, and minimise the dependence on long term care.
Key-worker / An individual care worker who has responsibility for a specified Service User and who will work as a co-ordinator of care and a companion to the Service User.
Lead Officer / The Officer responsible for the performance of the Contract in its entirety.
Hywel Dda Health Board / The NHS statutory organisation responsible for commissioning the health needs for long term care by assessing, managing and funding the registered nursing care needs of Service Users.
Manager / The Registered Manager as defined in the Care Standards Act 2000.
NHS Funded Nursing Care / Nursing care by a registered Nurse and has the same meaning as in Section 49(2) of the Health and Social Care Act 2001.
NHS Funded Nursing Care Assessment / The part of an assessment carried out by the designated and appropriately trained nurse which will determine whether the person assessed is eligible for NHS Funded Nursing Care in a Service Provider.
Nurse Assessor / A registered nurse designated by the Hywel Dda Health Board to carry out an assessment
Nurse Director / An Executive Officer of the Hywel Dda Health Board
Nursing Care / The nursing care provided by a registered nurse and has the same meaning as in section 49(2) of the Health and Social care Act 2001.
Nursing Care Plan / The care recorded by the Service Provider which will determine how the nursing needs will be met.
Nursing Home / A Service Provider registered to provide nursing care under the Care Standards Act 2000.
Officer-in-Charge / The Officer defined as the Registered Person under the Care Standards Act 2000 and Care Homes (Wales) Regulations 2002
Personal Expenses Allowance / The amount specified under the National Assistance Act 1948 (Sums for Personal Requirements) Regulations to be received and retained by the Service User out of their income for personal needs.
Rate / The weekly amount payable to a Service Provider.
Registered Person / Any person who is the Registered Provider or Registered Manager under Part II of the Care Standards Act 2000.
Registration Authority / The body authorised to register and inspect Service Providers in accordance with the Care Standards Act 2000.
Registration Certificate / A current and valid certificate of registration issued in accordance with the Care Standards Act 2000.
Regulation(s)
Representative / The Care Homes (Wales) Regulations 2001, the Care Homes (Wales) (Amendment) Regulations 2003, the National Health Service (Nursing Care in Residential Accommodation) (Wales) Directions 2001 or other such Regulations as may apply.
The Next of Kin or person nominated by the Service User
Review Meetings / A meeting between the Service Purchaser, Service Provider and Service User (or representative/advocate) to review the Service.
Risk Assessment/
Management / Steps taken to safeguard the health and welfare of Service Provider staff, Service Users and others that may be involved in the operation of a Service User Plan. This process will include the identification and implementation of control measures to minimise identified risks, without unduly limiting a Service User’s activities or choices.
Schedule / A Schedule to this Contract, being the Service Specification (Schedule One), the Placement Agreement (Schedule Two), the Care Plan (Schedule Three), the Confirmation of Residency Form (Schedule Four), the Weekly Movements Return Form (Schedule Five), the Death and Discharge Form, (Schedule Six)
Service / The provision of assessed care to a Service User as defined in an individual Care Plan, including the Nursing Care Plan, which is delivered in a Care Home setting. Such care shall include board, personal care and/or nursing care and any other services which the Service User may have been assessed to receive. The Service will be delivered in accordance with the Standard Terms and Conditions of this Contract and any Individual Placement Agreement entered into between the Service Purchaser and the Service Provider which will include the individual Care Plan.
Service Provider / The Registered Provider named at pages 28 & 29 of this Contract, and their employees, providing the Service pursuant to an Individual Placement Agreement.
Service Purchaser / Ceredigion County Council and Hywel Dda Health Board as named within the details of this Contract.
Service Record / A record completed on a shift-by-shift basis which records changes to care needs and/or significant events that may have occurred, pertinent information about the care of the Service User and any visits by ancillary health staff to the Service User.
Service Specification / The description of the service within the Schedules to this Contract (Schedule One).
Service User / The individual who has been assessed by the Service Purchaser as requiring care in a Care Home.
Service User Plan / Statement specifying how the Service Provider will provide the services as set out in the Care Manager’s Care Plan including the Nursing Assessment as appropriate.
Social Services Department / The statutory body of Ceredigion County Council responsible for the commissioning of social care services for Service Users assessed under the NHS and Community Care Act 1993.
Statement of Purpose / A written statement required under the Care Standards Act (2000) which:
- States the aims and objectives of the Service Provider
- States the facilities and services which are to be provided forService User’s, and
- Meets other requirements under Regulation 4 (1) of the CareHomes (Wales) Regulations 2001.
The National Minimum Standards / The core requirements enforced by the Care Standards Authorities, which apply to all Service Providers providing accommodation, personal and nursing care. These standards are the baseline by which it will be judged whether Service Providers meet the needs, and secure the welfare and social inclusion of the people who live there.
Third Party / Any individual or organisation, other than the Service User, Service Purchaser or the NHS, who is contributing to the Service Provider’s Weekly Charge.
Third Party Contribution / Any financial contribution which is not paid by the Service Purchaser, Service User, their liable relative, their legally authorised representative or the NHS.
Weekly Charge / The total amount of money required by the Service Provider for one week’s service for a Service User.
1
Ceredigion County Council Social Services Department – Terms and Conditions – August 2011
References to Service Purchaser and Service Provider shall include, in each case, the party’s employees and agents.
The singular shall include the plural and the plural the singular except where the context otherwise requires and any word which refers to or implies any gender shall include the other.
References to any statute, statutory instrument or other legislative enactment shall be construed as reference to any re-enactment, modification, extension or replacement for the time being in force.
This Contract and attached schedules shall be governed, interpreted and enforced according to the laws of England and Wales.
CONDITIONS
1.COMMENCEMENT AND DURATION
1.1This Contract shall commence on the first day of April 2005 or such other date as may be agreed in writing between the parties to this Contract, and shall continue until determined by either party, in accordance with the termination conditions detailed in Clause 14 of this Contract.
1.2Any matter relating to the operation of this Contract shall be addressed in the first instance to the Service User’s Care Manager or relevant Nurse Assessor if it relates to a Service User. Where it relates to the whole Contract the matter should be referred to the Commissioning and Contracting Officer of the Social Services Department or the General Manager Community and Primary Care of the relevant Hywel Dda Health Board.
2. COMPLETE CONTRACT
2.1This Contract embodies the complete agreement between the Service Purchaser and Service Provider and supersedes all other written understandings and agreements with respect to all matters referred to.
3. THE SERVICE
3.1The Service Provider will provide and deliver theService in accordance with the Standard Terms and Conditions of Contract for the Provision of Services for Adults in Care Homes and any IPA entered into between the Service Purchaser and the Service Provider which will include the individual Care Plan.
3.2 The Service provided shall at all times meet the requirements of any relevant Care Standards Authorities, or there shall be an agreed action plan in place between the Service Provider and the Care Standards Authorities as to how such requirements will be met.
3.3The requirements for the individual service will be in accordance with the IPA, which shall be completed for each Service User. The IPA will incorporate the Service User’s Care Plan, and any subsequent changes and/or amendments to either document shall require a new IPA to be drawn up.
3.4Service Users who have been assessed as needing NHS Funded Nursing Care will have this element of their care funded by the Hywel Dda Health Board, following a Nursing Assessment.
3.5Service Providers approved to contract with the Service Purchaser may not use their approved status in any advertising or promotional material relating to the Service Provider.
4. CARE MANAGEMENT
4.1The Service Provider shall comply with the Assessment and Care Management procedures of the Service Purchaser. The Service Purchaser shall, through a designated Care Manager or other designated officer, supply the Service Provider with a Care Plan before the placement of a Service User. An IPA will be provided by the Care Manager for each Service User placed on or before the admission. If the admission takes place on an emergency basis, the Care Plan and IPA shall be supplied as soon as is practicable.
4.2If the Officer in Charge of a Service Provider is dissatisfied with the outcome of a Needs Assessment, this should be raised with the Care Manager’s Line Manager.
4.3The Service Provider shall produce an individual Service User Plan detailing service arrangements to meet the goals outlined in the Care Plan, as specified in Clause 4.1 above. The Service User Plan shall describe the specific care goals and service arrangements and should include nursing care needs where appropriate. It MUST include nursing care needs where a Service User is placed in a Nursing Home as required under clause 5 below.
4.4The Service Provider shall participate in the regular review of the Care Plan and Service User Plans as required by the Care Manager.
4.5The Service Provider shall keep the Care Manager or designated officer or his/her representative informed of any change of circumstances that are pertinent to a Service User’s Service User Plan.
4.6The Service Provider shall inform the designated Care Manager and confirm in writing, any change in the arrangements for, or the circumstances of, a Service User, which may affect the Care Plan of the Service User including the following:
(i)Serious deterioration in health;
(ii)Serious accident;
(iii)Death;
(iv)Complaints of physical, financial, psychological or sexual abuse of Service User’s, which must also be reported to the Social Services manager as directed in the “Policies and Procedures for the Protection of Vulnerable Adults from Abuse”;
(v)Any periods of absence of more than 1 week.
4.7The Service Provider must also immediately inform the Hywel Dda Health Board of all of the circumstances, listed in Clause 4.6, and, where the event arises outside of office hours, at the earliest opportunity on the next working day.
5.NURSING CARE ASSESSMENT
5.1 Where not undertaken prior to admission, the Hywel Dda Health Board will arrange for an Assessment of the Service User to be undertaken by a Nursing Care Assessor for the purpose of establishing whether the Service User is in need of Nursing Care and eligible for NHS Funded Nursing Care in accordance with the Regulations. The Assessment will also determine whether the Service User has needs for other services or equipment.