Common use of Long Term Admissions Clause in Contracts

Long Term Admissions. Private residents Prior to admission a four-week deposit is required and may be used only to cover the payment of fees in the event of non-payment of fees by the Resident or to cover costs in respect of damage to property caused by the Resident’s actions. In the event of a Resident deciding to move to another care home the deposit can be used as the last four weeks’ fees otherwise the deposit minus permitted deductions, if any, will be returned to the Resident or their Representative within 28 days of the Resident leaving the Home. In the event of a Resident passing away, the deposit minus permitted deductions, if any, and minus the final payment in respect of the relevant number of days’ fees due following death will be returned to the Resident’s Representative or to the Resident’s estate (dependent on the identity of the payer under the RAA). The deposit sum due will be returned within 28 days of the date up to which fees are payable under these Terms and Conditions. In the event of a Resident passing away, the RAA will immediately terminate upon the following terms: Oakland Primecare Ltd will be entitled to receive a final payment equivalent to three (3) day’s fees from the estate of the deceased Resident (or from any party that has entered into a third-party agreement with Oakland Primecare Ltd in relation to the payment of the Fees for the Resident). In addition, on the expiry of three (3) days after the death of a Resident, Oakland Primecare Ltd will be entitled to receive a further payment equivalent to one (1) day’s fees for every day, up to a maximum of a further seven (7) days, where the personal effects of a deceased Resident have not been cleared from the room they previously occupied. Oakland Primecare Ltd shall not be entitled to any such payment from the date on which the room is re-occupied. The final payment is to be paid to Oakland Primecare Ltd in addition to any outstanding fees and charges for Additional Services as set out in these Terms and Conditions. Where the personal effects of a deceased Resident have not been cleared from the room they previously occupied on or before the expiry of a total of ten (10) days following the death of that Resident, Oakland Primecare Ltd reserves the right to clear the room in question without any further notice and at its discretion to either dispose of any such personal effects If the Representatives of a deceased Resident so request, Oakland Primecare Ltd may at its discretion store for a few days the personal effects of the deceased Resident in the room that the deceased Resident previously occupied, after the expiration of ten (10) days following the death of the Resident If Oakland Primecare Ltd agree to such a request, it may charge a reasonable fee to continue to make the room available to the Representatives of the Resident. Whilst the Representatives of any deceased Resident will, for a maximum period of ten (10) days, have access to the room previously occupied by the deceased Resident for the purpose of collecting any personal belongings, this access will be granted on the understanding that Oakland Primecare Ltd will also have access to the same room for the purposes of refurbishment and for viewing by prospective new occupants. Continuing Healthcare Residents A deposit is not required from the local Clinical Commissioning Group (CCG). The Home agrees the fee with the CCG for each admission. Continuing Healthcare Residents may voluntarily purchase Additional Services under these Terms and Conditions. Additional Services are ‘lifestyle choices’ and do not form part of the healthcare services funded by the CCG under continuing healthcare arrangements. In the event of a Continuing Healthcare Resident passing away, the agreement with the CCG will terminate immediately. The Representatives of any deceased Resident will have access to the room previously occupied by the deceased Resident for the purpose of collecting any personal belongings. This access will be granted on the understanding that Oakland Primecare Ltd will also have access to the same room for the purposes of refurbishment, viewing by prospective new occupants, or new admissions. Where the personal effects of a deceased Resident have not been cleared from the room following the death of that Resident, Oakland Primecare Ltd reserves the right to clear the room in question and store or at its discretion dispose of any such personal effects. Oakland Primecare Ltd will not assume any responsibility or liability for any discrepancies in relation to inventories of stored items. Services to be Provided Subject to payment of the weekly Fees the Home will provide to the Resident: • full board and accommodation in an en-suite room for your exclusive use. The room is provided with all furniture and a flat screen TV but, if you prefer, you can bring your own furniture provided it complies with the relevant fire and health and safety regulations; • a choice of meals, plus snacks and drinks (including wine, subject to availability). We will also cater for most special dietary requirements by arrangement with the Home Manager and Chef; • full non-exclusive use of all the communal lounges, dining rooms and bathrooms; • full non-exclusive use of other communal / social areas, such as the library and cinema room (where present in the home); • full access to the coffee shop, bar and bistro, extended to reasonable and fair use for visiting family or other guests; • optional service of a Hairdresser once a week to include manicures, and chiropody every 8-12 weeks; • the opportunity to join in with activities run by the Home and the use of recreational facilities (you may be asked to make a financial contribution to the cost of some activities or excursions); • assistance with washing, bathing, medication and other personal services; • appropriate staffing levels to support your assessed needs (excluding nursing care needs provided by a Nursing and Midwifery Council registered nurse) throughout the day and night; • a complete laundry service (excluding dry cleaning); • liaison with your GP, social worker, district nurse, dentist, and other allied healthcare professionals (subject to any associated charges being payable by you); • periodical decorating of the Resident’s room as determined reasonably necessary by the Home; • nurse call systems, and other monitoring systems, as required; • a full review of care after 6 weeks and, subsequently, every 12 months with all relevant parties invited; • No reimbursement of fees is applicable for any services not taken by the resident e.g. if a resident chooses not to visit the hairdresser. Additional Services Additional support for planned visits outside the Home, excluding planned social activities, are not included in the weekly Fees. For example, where a Resident wishes to attend a relative’s wedding and a member of care staff is needed to escort the Residents or an escort is needed to support a visit off site e.g. outpatient / dental appointment there will be an hourly rate for this advised by the Home. The Home will raise a monthly invoice for escorted visits off site and to recover the cost of goods or Additional Services requested or reasonably required by the Resident, such as: • Dedicated 1:1 care for bespoke needs personal items such as clothing, magazines and toiletries; • Alcoholic beverages other than as specified under ‘Services to be Provided’ above; • Dry cleaning; • Private treatments, such as physiotherapy; • Medication, equipment and prescription charges not covered in full by the NHS (for example, incontinence aids, bespoke chair); • Specialist bespoke medical equipment not generally available in the Home and/or medical equipment that is normally provided by the Home on a shared use basis (for example a hoist) which at a resident’s request is to be used solely by the Resident; • Private car hire or taxi service; • Special foods that are not normally purchased by the Home for the Residents; • Private parties for special occasions; • Except for non-Continuing Healthcare Funded Residents or Residents who have qualified for Funded Nursing Care, nursing care in accordance with the Resident’s assessed needs. Standard of Care The Home undertakes to provide the care services set out in the Resident care plan and in line with the Health and Social Care Act 2008 and with applicable Regulations. If occasion should occur where a complaint or query arises in relation to the standard or care provided, the Resident should refer to the Home’s written complaints procedure, which is available from the Management team at the Home. Short Stay (Respite) Residents The Fees must be paid prior to admission or on the day of admission, for the full term of the agreed period of care. Fees shall be charged for each full calendar day or part of a calendar day that the Resident is at the Home. For example, if a Resident is admitted at 4.00pm on Monday and leaves on Thursday at 9.00am the Resident would be charged the full day rate for Monday, Tuesday, Wednesday and Thursday. We will be entitled to terminate the RAA for Respite Residents by giving written notice of no less than 48 hours if we believe the conduct of the Resident is disadvantageous to the safety or well-being of other Residents and/or staff. Any Fees for the period after the Resident leaves the Home will be refunded within 28 days to the Resident, the Resident’s estate or the Representative (dependent on the identity of the payer under the RAA). No Fees are refundable in the event that a Respite Resident is admitted to hospital and such admission starts during the last week of the short stay period under the RAA. If such admission starts prior to the last two weeks of the short stay period under the RAA, during the first full week of absence Fees will continue to be payable in full. After the first full week, the Fees for each subsequent full week of absence will be reduced by 10%. The Resident’s room will be reserved for the Resident during any such hospital admission. The Resident will be entitled to reside in the Home for the full period of the short stay (maximum 6 weeks duration) stated on the RAA. The Resident must vacate the Home at the end of that period unless, at the end of the period, the Home and the Resident (or their Representative) agree to convert the residency to a long-term admission. In this case the associated contractual requirements under these Terms and Conditions will apply and a new RAA will be completed. Invoicing and Payment Arrangements for Long Stay Residents 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 calendar month and will be payable on or before admission. The daily rate will be shown on the RAA. Thereafter, Fees are payable monthly in advance by Direct Debit. Upon admission the Resident or their Representative will be required to sign a Direct Debit instruction provided by, and payable to, the Home. Oakland Care accepts payment by standing order, BACS transfer, or cheque. However, Direct Debit is the preferred method and a £10 per month admin fee will be charged if the Resident or their Representative chooses to pay by another method. The Direct Debit agreement will give the Home the right to deduct any amounts that are outstanding as due from the Resident to the Home. If any Fees or charges (including any Top Up charges, Third Party Contribution or Additional Service Charges) remain unpaid 30 days after their due date for payment, we reserve the right to charge interest at a rate of 4% above the Bank of England base rate per annum, calculated on a daily basis from the due date up to the date of actual payment. At the end of the Resident’s stay we will provide a statement of account. If this shows that there has been an overpayment of any Fees or charges, the amount of the overpayment will be refunded by the Home to the Resident or their Representative by direct credit. Alternatively, if the statement shows an outstanding amount due to the Home in respect of any charges, the outstanding amount will be payable within 30 days of provision of the statement. Invoices will be sent on a monthly basis for the Fees and are calculated by multiplying the daily rate by 365 days then dividing by 12. Annual Fee Increase The Home reviews the Fees annually, with any increase in Fees taking effect from the 1st April. Residents and Representatives shall be given at least six weeks written notice of increases in Fees. Any annual increase in Fees would increase the amount payable by private paying Residents or by any person making a Top Up / Third Party contribution where the placement is funded by a Local Authority. Fees shall be increased annually taking into consideration: • the average of the percentage increase in the Consumer Prices Index including housing costs (CPIH) in December of the year immediately preceding the twelve months period in which the increase is to take effect, compared to December of the previous year and the percentage increase in the National Living Wage (NLW) applicable from 1 April of the year in which the increase is to take effect, compared to 1 April of the previous year; plus • an amount to reflect the increase in sector specific costs from 1 April of the year in which the increase is to take effect, compared to 1 April of the previous year using relevant and objective benchmarking data as produced annually, for example, by Xxxxxx Xxxxx; • an amount to reflect the increased costs of providing the service as a result of changes in the law, regulation or guidance that come into effect either: o on or before the 1 April of the year in which the increase is to take effect; or o during the 12 months period from 1 April of the year in which the increase is to take effect. For example, where your weekly rate is £1,000, the percentage increase in CPIH is 2% and the percentage increase in NLW is 4%, the weekly rate would increase by 3% to £1,030 a week. If sector specific cost increase by 3% and an applicable change in law resulted in a 2% increase in costs, these increases would also be applied, giving an overall increase of 8% to £1,080 a week. Trial Period Before moving into the Home, Residents are welcome to visit, to meet staff and other residents, stay for lunch or tea and find out all they need to know about the Home. Once they have moved into the Home, it is important that they are able to decide if it is the right Home for them.

Long Term Admissions. Private residents Prior to admission a four-week deposit is required and may be used only to cover the payment of fees in the event of non-payment of fees by the Resident or to cover costs in respect of damage to property caused by the Resident’s actions. In the event of a Resident deciding to move to another care home the deposit can be used as the last four weeks’ fees otherwise the deposit minus permitted deductions, if any, will be returned to the Resident or their Representative within 28 days of the Resident leaving the Home. In the event of a Resident passing away, the deposit minus permitted deductions, if any, and minus the final payment in respect of the relevant number of days’ fees due following death will be returned to the Resident’s Representative or to the Resident’s estate (dependent on the identity of the payer under the RAA). The deposit sum due will be returned within 28 days of the date up to which fees are payable under these Terms and Conditions. In the event of a Resident passing away, the RAA will immediately terminate upon the following terms: Oakland Primecare Ltd will be entitled to receive a final payment equivalent to three (3) day’s fees from the estate of the deceased Resident (or from any party that has entered into a third-party agreement with Oakland Primecare Ltd in relation to the payment of the Fees for the Resident). In addition, on the expiry of three (3) days after the death of a Resident, Oakland Primecare Ltd will be entitled to receive a further payment equivalent to one (1) day’s fees for every day, up to a maximum of a further seven (7) days, where the personal effects of a deceased Resident have not been cleared from the room they previously occupied. Oakland Primecare Ltd shall not be entitled to any such payment from the date on which the room is re-occupied. The final payment is to be paid to Oakland Primecare Ltd in addition to any outstanding fees and charges for Additional Services as set out in these Terms and Conditions. Where the personal effects of a deceased Resident have not been cleared from the room they previously occupied on or before the expiry of a total of ten (10) days following the death of that Resident, Oakland Primecare Ltd reserves the right to clear the room in question without any further notice and at its discretion to either dispose of any such personal effects If the Representatives of a deceased Resident so request, Oakland Primecare Ltd may at its discretion store for a few days the personal effects of the deceased Resident in the room that the deceased Resident previously occupied, after the expiration of ten (10) days following the death of the Resident If Oakland Primecare Ltd agree to such a request, it may charge a reasonable fee to continue to make the room available to the Representatives of the Resident. Whilst the Representatives of any deceased Resident will, for a maximum period of ten (10) days, have access to the room previously occupied by the deceased Resident for the purpose of collecting any personal belongings, this access will be granted on the understanding that Oakland Primecare Ltd will also have access to the same room for the purposes of refurbishment and for viewing by prospective new occupants. Continuing Healthcare Residents A deposit is not required from the local Clinical Commissioning Group (CCG). The Home agrees the fee with the CCG for each admission. Continuing Healthcare Residents may voluntarily purchase Additional Services under these Terms and Conditions. Additional Services are ‘lifestyle choices’ and do not form part of the healthcare services funded by the CCG under continuing healthcare arrangements. In the event of a Continuing Healthcare Resident passing away, the agreement with the CCG will terminate immediately. The Representatives of any deceased Resident will have access to the room previously occupied by the deceased Resident for the purpose of collecting any personal belongings. This access will be granted on the understanding that Oakland Primecare Ltd will also have access to the same room for the purposes of refurbishment, viewing by prospective new occupants, or new admissions. Where the personal effects of a deceased Resident have not been cleared from the room following the death of that Resident, Oakland Primecare Ltd reserves the right to clear the room in question and store or at its discretion dispose of any such personal effects. Oakland Primecare Ltd will not assume any responsibility or liability for any discrepancies in relation to inventories of stored items. Services to be Provided Subject to payment of the weekly Fees the Home will provide to the Resident: • full board and accommodation in an en-suite room for your exclusive use. The room is provided with all furniture and a flat screen TV but, if you prefer, you can bring your own furniture provided it complies with the relevant fire and health and safety regulations; • a choice of meals, plus snacks and drinks (including wine, subject to availability). We will also cater for most special dietary requirements by arrangement with the Home Manager and Chef; • full non-exclusive use of all the communal lounges, dining rooms and bathrooms; • full non-exclusive use of other communal / social areas, such as the library and cinema room (where present in the home); • full access to the coffee shop, bar and bistro, extended to reasonable and fair use for visiting family or other guests; • optional service of a Hairdresser once a week to include manicures, and chiropody every 8-12 weeks; • the opportunity to join in with activities run by the Home and the use of recreational facilities (you may be asked to make a financial contribution to the cost of some activities or excursions); • assistance with washing, bathing, medication and other personal services; • appropriate staffing levels to support your assessed needs (excluding nursing care needs provided by a Nursing and Midwifery Council registered nurse) throughout the day and night; • a complete laundry service (excluding dry cleaning); • liaison with your GP, social worker, district nurse, dentist, and other allied healthcare professionals (subject to any associated charges being payable by you); • periodical decorating of the Resident’s room as determined reasonably necessary by the Home; • nurse call systems, and other monitoring systems, as required; • a full review of care after 6 weeks and, subsequently, every 12 months with all relevant parties invited; • No reimbursement of fees is applicable for any services not taken by the resident e.g. if a resident chooses not to visit the hairdresser. Additional Services Additional support for planned visits outside the Home, excluding planned social activities, are not included in the weekly Fees. For example, where a Resident wishes to attend a relative’s wedding and a member of care staff is needed to escort the Residents or an escort is needed to support a visit off site e.g. outpatient / dental appointment there will be an hourly rate for this advised by the Home. The Home will raise a monthly invoice for escorted visits off site and to recover the cost of goods or Additional Services requested or reasonably required by the Resident, such as: • Dedicated 1:1 care for bespoke needs personal items such as clothing, magazines and toiletries; • Alcoholic beverages other than as specified under ‘Services to be Provided’ above; • Dry cleaning; • Private treatments, such as physiotherapy; • Medication, equipment and prescription charges not covered in full by the NHS (for example, incontinence aids, bespoke chair); • Specialist bespoke medical equipment not generally available in the Home and/or medical equipment that is normally provided by the Home on a shared use basis (for example a hoist) which at a resident’s request is to be used solely by the Resident; • Private car hire or taxi service; • Special foods that are not normally purchased by the Home for the Residents; • Private parties for special occasions; • Except for non-Continuing Healthcare Funded Residents or Residents who have qualified for Funded Nursing Care, nursing care in accordance with the Resident’s assessed needs. Standard of Care The Home undertakes to provide the care services set out in the Resident care plan and in line with the Health and Social Care Act 2008 Xxx 0000 and with applicable Regulations. If occasion should occur where a complaint or query arises in relation to the standard or care provided, the Resident should refer to the Home’s written complaints procedure, which is available from the Management team at the Home. Short Stay (Respite) Residents The Fees must be paid prior to admission or on the day of admission, for the full term of the agreed period of care. Fees shall be charged for each full calendar day or part of a calendar day that the Resident is at the Home. For example, if a Resident is admitted at 4.00pm on Monday and leaves on Thursday at 9.00am the Resident would be charged the full day rate for Monday, Tuesday, Wednesday and Thursday. We will be entitled to terminate the RAA for Respite Residents by giving written notice of no less than 48 hours if we believe the conduct of the Resident is disadvantageous to the safety or well-being of other Residents and/or staff. Any Fees for the period after the Resident leaves the Home will be refunded within 28 days to the Resident, the Resident’s estate or the Representative (dependent on the identity of the payer under the RAA). No Fees are refundable in the event that a Respite Resident is admitted to hospital and such admission starts during the last week of the short stay period under the RAA. If such admission starts prior to the last two weeks of the short stay period under the RAA, during the first full week of absence Fees will continue to be payable in full. After the first full week, the Fees for each subsequent full week of absence will be reduced by 10%. The Resident’s room will be reserved for the Resident during any such hospital admission. The Resident will be entitled to reside in the Home for the full period of the short stay (maximum 6 weeks duration) stated on the RAA. The Resident must vacate the Home at the end of that period unless, at the end of the period, the Home and the Resident (or their Representative) agree to convert the residency to a long-term admission. In this case the associated contractual requirements under these Terms and Conditions will apply and a new RAA will be completed. Invoicing and Payment Arrangements for Long Stay Residents 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 calendar month and will be payable on or before admission. The daily rate will be shown on the RAA. Thereafter, Fees are payable monthly in advance by Direct Debit. Upon admission the Resident or their Representative will be required to sign a Direct Debit instruction provided by, and payable to, the Home. Oakland Care accepts payment by standing order, BACS transfer, or cheque. However, Direct Debit is the preferred method and a £10 per month admin fee will be charged if the Resident or their Representative chooses to pay by another method. The Direct Debit agreement will give the Home the right to deduct any amounts that are outstanding as due from the Resident to the Home. If any Fees or charges (including any Top Up charges, Third Party Contribution or Additional Service Charges) remain unpaid 30 days after their due date for payment, we reserve the right to charge interest at a rate of 4% above the Bank of England base rate per annum, calculated on a daily basis from the due date up to the date of actual payment. At the end of the Resident’s stay we will provide a statement of account. If this shows that there has been an overpayment of any Fees or charges, the amount of the overpayment will be refunded by the Home to the Resident or their Representative by direct credit. Alternatively, if the statement shows an outstanding amount due to the Home in respect of any charges, the outstanding amount will be payable within 30 days of provision of the statement. Invoices will be sent on a monthly basis for the Fees and are calculated by multiplying the daily rate by 365 days then dividing by 12. Annual Fee Increase The Home reviews the Fees annually, with any increase in Fees taking effect from the 1st April. Residents and Representatives shall be given at least six weeks written notice of increases in Fees. Any annual increase in Fees would increase the amount payable by private paying Residents or by any person making a Top Up / Third Party contribution where the placement is funded by a Local Authority. Fees shall be increased annually taking into consideration: • the average of the percentage increase in the Consumer Prices Index including housing costs (CPIH) in December of the year immediately preceding the twelve months period in which the increase is to take effect, compared to December of the previous year and the percentage increase in the National Living Wage (NLW) applicable from 1 April of the year in which the increase is to take effect, compared to 1 April of the previous year; plus • an amount to reflect the increase in sector specific costs from 1 April of the year in which the increase is to take effect, compared to 1 April of the previous year using relevant and objective benchmarking data as produced annually, for example, by Xxxxxx Xxxxx; • an amount to reflect the increased costs of providing the service as a result of changes in the law, regulation or guidance that come into effect either: o on or before the 1 April of the year in which the increase is to take effect; or o during the 12 months period from 1 April of the year in which the increase is to take effect. For example, where your weekly rate is £1,000, the percentage increase in CPIH is 2% and the percentage increase in NLW is 4%, the weekly rate would increase by 3% to £1,030 a week. If sector specific cost increase by 3% and an applicable change in law resulted in a 2% increase in costs, these increases would also be applied, giving an overall increase of 8% to £1,080 a week. Trial Period Before moving into the Home, Residents are welcome to visit, to meet staff and other residents, stay for lunch or tea and find out all they need to know about the Home. Once they have moved into the Home, it is important that they are able to decide if it is the right Home for them.