General Terms and Conditions of the West Brabant Home Care Foundation
Article 1 Definitions
1.1 General Terms and Conditions: these General Terms and Conditions;
1.2 Services: services include the provision of services in the field of nursing and care at home and on location, household support, (psychosocial) guidance, advice, instruction and information, youth health care, nutritional information, dietary advice, provision of nursing supplies, courses, meal service and personal alarms.
1.3 Healthcare provider: the foundation Stichting Thuiszorg West-Brabant, established in (4704 RK) Roosendaal at the address Belder 2-4, the private limited company TWB Thuiszorg BV, established in (4704 RK) Roosendaal at the address Belder 2, the private limited company TWB Maatschappelijke Ondersteuning BV, established in (4704 RK) Roosendaal at the address Belder 2, the private limited company TWB Jeugdgezondheidszorg BV, established in (4704 RK) Roosendaal at the address Belder 2 and the private limited company Samen Thuis met Aandacht BV, established in (4711 GP) St. Willebrord at the address Vijverstraat 54;
1.4 Client: the natural person for whom care is obtained from the Healthcare Provider, as well as the person who enters into an agreement with the Healthcare Provider on behalf of and/or for the benefit of the aforementioned natural person;
1.5 (re)Indication/decision: the (legally) required decision and/or advice by or on behalf of an indication body/insurer/municipality/doctor regarding the nature, content, scope and duration of the client's care need(s) and the manner in which this need(s) can be met;
1.6 Employee: an employee of the Healthcare Provider, or a third party engaged by the Healthcare Provider who performs the agreed services on behalf of and on the instructions of the Healthcare Provider at or for the client;
1.7 Representative: the legal representative of the Client or, if there is no legal representative, the natural person personally authorized by the Client to act in his place.
1.8 Agreement: the agreement concluded between the client and the Healthcare Provider regarding the provision of services by the Healthcare Provider to the client. This agreement can be concluded without or with (re)indication. Where an agreement with or without (re)indication is explicitly intended, this will be specifically stated in these General Terms and Conditions.
1.9 Care plan/delivery plan/support plan: recording of the agreements made between client and care provider.
Article 2 Applicability of General Terms and Conditions
2.1 Unless the parties expressly agree otherwise in writing, these General Terms and Conditions apply to any other agreement concluded between the client and the Healthcare Provider. These General Terms and Conditions are valid until the Healthcare Provider has established new conditions and has informed the client thereof.
2.2 Deviations from these General Terms and Conditions, or deviating provisions, conditions and/or agreements are only valid if and to the extent that they have been expressly accepted and confirmed by the Healthcare Provider in writing or electronically.
Article 3 Powers of the representative
3.1 The representative shall assume the rights and obligations of the client under these General Terms and Conditions to the extent that the client is incapacitated and to the extent that the representative is authorized to do so by law or by personal written authorization from the client.
Article 4 Establishment of agreement
4.1 Offer with indication An indication is often required for the services provided by the Healthcare Provider. Based on a (re)indication, the Healthcare Provider makes an offer to the client to meet the client's healthcare needs. The offer relates to the services provided by the Healthcare Provider, the content and scope thereof and the associated costs and other (mutual) obligations.
4.2 Offer without indication Healthcare provider may, in appropriate cases, also make an offer to the client without (re)indication to meet the client's healthcare needs. The offer relates to the services provided by the Healthcare provider, the content and scope thereof and the associated costs and other (mutual) obligations.
4.3 Agreement The agreement between client and healthcare provider is established when client accepts the offer (with or without (re)indication) of healthcare provider. An agreement can therefore be concluded with or without (re)indication.
Article 5 Amendment and termination of agreement
5.1 Changing the agreement with indication: re-indication If it appears that the client's care needs change so drastically during the execution of the agreement with indication that - in the opinion of the Care Provider - the necessary services can no longer be provided by the Care Provider within the existing agreement, re-indication will be arranged in consultation with the client. Based on the re-indication, consultation will take place about adjusting the care provision and the agreement with indication will be adjusted accordingly if necessary after an offer by the Care Provider and after acceptance by the client.
5.2 Changing the agreement without an indication: mutual consultation In the event that it appears that the client's care needs change so drastically during the execution of the agreement without an indication that - in the opinion of the Healthcare Provider - the necessary services can no longer be provided by the Healthcare Provider within the existing agreement, the Healthcare Provider reserves the right to terminate and/or adjust the agreement, taking into account the interests of the client.
5.3 Termination of Agreement The Agreement will terminate in the following cases:
a. client dies.
b. client terminates the agreement. The notice period is at least 24 hours prior to the agreed time of the next agreed service.
c. The healthcare provider terminates the agreement, taking into account a reasonable notice period.
d. at the end of the agreed term.
e. when the client moves (outside the working area of the healthcare provider).
f. at the end of the indication period, unless a re-indication has been requested in time.
g. by mutual consent.
h. in the event of dissolution by the court.
i. if the care is no longer needed, while the (re)indication is still ongoing. In that case, the following requirements apply for termination:
– 1st Care provider observes a reasonable notice period;
– 2nd Care provider has already made it clear to the client during the intake that the agreement can be terminated earlier than the (re)indication indicates;
– 3rd Care provider has informed the client about the possibilities of a second opinion on whether or not the care is no longer necessary.
j. in the event of bankruptcy of the Healthcare Provider or if the Healthcare Provider has been granted a suspension of payments.
k. if the Healthcare Provider can no longer reasonably be expected to continue the agreement.
Article 6 Execution of agreement
6.1 Guidelines for safety, hygiene, environment and physical strain Client shall enable Care Provider to perform its tasks in accordance with the guidelines to be established by the Care Provider in the areas of safety, hygiene, environment and physical strain. The guidelines can be viewed at the Stichting Thuiszorg West-Brabant foundation, located at (4704 RK) Roosendaal at the address Belder 2-4.
6.2 Materials and Resources Client is responsible for the availability of proper materials and resources, at the sole discretion of the Healthcare Provider.
6.3 Manners The Client must use generally acceptable manners and avoid violence, aggression, discrimination or (sexual) intimidation.
6.4 Change of address Client is obliged to report any change of address or other personal circumstances relevant to the provision of services to the Healthcare Provider in writing in a timely manner.
6.5 Smoke-free workplace Client ensures that the employee can perform the service in a smoke-free workplace. Client or third parties will not smoke in the presence of the employee, unless the employee has given permission.
6.6 Non-compliance Non-compliance with the obligations of the client, as referred to in sections 6.1 to 6.5 of this article, constitutes a serious reason, as a result of which the provision of services may be terminated by the Healthcare Provider with immediate effect.
6.7 Cancellation of appointments If the client is unable to receive services and reports this at least 48 hours in advance, the provider will first check whether the service can be provided at another time. If this is not possible, the care provider will not charge any costs. Appointments regarding nutritional information, dietary advice and youth health care must be cancelled by the client at least one full working day prior to the consultation. If appointments are not cancelled within the set period, the care provider will charge the client for the agreed but not performed service. The client is at all times responsible for making agreements regarding the continuation of the service.
6.8 Limitation of services The capacity of the services provided by the Healthcare Provider is largely determined by annually predetermined production agreements or budget. The allocation of services can be limited by this. The allocation of services can also be limited by the (re)indications and staffing of the Healthcare Provider. In this regard, the Healthcare Provider reserves all rights to adjust the care plan, delivery plan, support plan and the agreement.
6.9 Indication The indication for nursing and care takes place during working days. In urgent cases, care starts immediately and indication is made afterwards. The indication for dietary advice is made by means of a referral letter from a doctor.
6.10 Delivery of domestic support Domestic support will be provided, taking into account the provisions of Article 6.8, as much as possible within one week of registration, if the indication shows that this care provision is very urgent.
6.11 Delivery of Nursing and Care at Home In the case of nursing and care at home, care is provided as much as possible within 6.8 hours after the indication has been made, taking into account the provisions of Article 48, and in acute situations as much as possible within 24 hours. In crisis situations as much as possible within one hour.
Article 7 Rates
7.1 Compensation This article applies in all cases where (within the framework of existing or future government or insurance regulations) any compensation is directly owed by the client to the healthcare provider.
7.2 Rate The fee owed by the client to the healthcare provider for the services provided is determined by the applicable rate in the relevant calendar year.
7.3 Rate change Agreed rates may be subject to changes, but not within the first three months of concluding the agreement. The changes always take place on the first day of a quarter and are communicated as soon as possible via the website www.twb.nl as soon as they are known.
Article 8 Payment term, default and suspension, interest and costs
8.1 Payment Invoices under an agreement must be paid by the client within 30 days of the invoice date in the manner specified by the Healthcare Provider.
8.2 Default and suspension If invoices under an agreement are not paid on time, the client is legally in default. If an agreement without indication has been agreed between the client and the healthcare provider, the healthcare provider is authorised to suspend all its obligations under all agreements concluded with the client until the invoice has been paid in full.
8.3 Interest and costs After the client is in default, the healthcare provider is authorized to collect the amount owed to it under the agreement. All associated costs, including both judicial and extrajudicial collection costs, are for the account of the client. The amount of the extrajudicial collection costs is calculated in accordance with the 'Decree on compensation for extrajudicial collection costs'. The healthcare provider will also charge interest from the expiry of the first payment term, if applicable. The interest is equal to the statutory interest.
Article 9 Liability
9.1 Limitation of liability The liability of the Healthcare Provider never extends beyond and is always limited to what is described in this Article 9.
9.2 Damage For any damage caused by an employee of the Healthcare Provider, the client is liable for a deductible of €50,00 per damage case, unless there is demonstrable intent or gross negligence on the part of the employee. If the performance of the agreement by the Healthcare Provider leads to liability, this liability will always be limited to the amount paid out by the insurer of the Healthcare Provider to the Healthcare Provider for the relevant case, based on the insurance taken out by the Healthcare Provider. If, for whatever reason, no payment is made by this insurer, any liability of the Healthcare Provider is limited to the invoice charged by the Healthcare Provider to the client (or to third parties) for the relevant agreement, with a maximum of €10.000,00. Reporting and handling of damage cases takes place in accordance with an established procedure of the Healthcare Provider. The Healthcare Provider can only be held liable for direct damage attributable to it. Direct damage is understood to mean exclusively: a. reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these General Terms and Conditions; b. reasonable costs necessary to have the defective performance of the Healthcare Provider comply with the agreement; c. reasonable costs incurred to prevent or limit damage, insofar as the client demonstrates that these costs have led to a limitation of direct damage as referred to in these General Terms and Conditions. Healthcare Provider is never liable for any other than the aforementioned direct damage, such as indirect damage, including consequential damage, lost profit, missed savings and damage due to stagnation.
9.3 Notification The Client must report any damage he has discovered as soon as possible, but in any case within two working days.
9.4 Cash and debit cards The client is never permitted to provide the employee with bank cards, debit cards, credit cards or cheques. The client is only permitted to provide the employee with cash and the exact amount for shopping purposes, up to a maximum amount of €50,00. The client is not permitted to allow the employee to withdraw money from an ATM or otherwise withdraw money. If the client acts in violation of this provision, the healthcare provider is not liable for any direct or indirect damage caused as a result, regardless of the name. In such a case, the client is obliged to indemnify the healthcare provider against claims from the employee and/or third parties with regard to all (alleged) damage suffered and yet to be suffered by them.
9.5 Use of (motor) vehicles The client is not permitted to allow the employee to use (motor) vehicles of the client or third parties when providing services, which in any case includes cars, motorcycles, mopeds and scooters. If the client acts in violation of this provision, the healthcare provider is not liable for any damage, directly or indirectly, caused as a result of the use of (motor) vehicles of the client or third parties, regardless of the name. In such a case, the client is obliged to indemnify the healthcare provider against claims from the employee and/or third parties with regard to all (alleged) damage suffered and yet to be suffered by them.
9.6 Depositing (house) keys The client is not permitted to deposit (house) keys with the employee or otherwise make them available. This prohibition does not apply to the client who receives intensive care (unplanned 24-hour care) or uses alarms with professional follow-up. Depositing keys takes place according to an established procedure. The care provider is not liable for direct or indirect damage, of whatever nature, as a result of the use and/or misuse of the (house) keys that have been deposited or otherwise made available despite the above prohibition.
Article 10 Complaints procedure
10.1 Complaints Healthcare provider strives for careful implementation of the care and service provision. Despite the intended care, the client may have a complaint about the care and service provision.
10.2 Complaints procedure A complaints procedure applies to the services provided, which complies with the Healthcare Quality, Complaints and Disputes Act (Wkkgz). In the event of complaints, the client should initially contact the employee and subsequently the employee's responsible manager or the board of directors.
10.3 Information The main points of the complaints procedure are stated on the website www.twb.nl. The complaints procedure can be requested from the foundation Stichting Thuiszorg West-Brabant, located in (4704 RK) Roosendaal at the address Belder 2-4.
Article 11 Privacy Policy
11.1 Healthcare provider uses a privacy policy. The privacy policy can be viewed at the foundation Stichting Thuiszorg West-Brabant, located in (4704 RK) Roosendaal at the address Belder 2-4.
Article 12 Use by Healthcare Provider of Client Data in the Context of Checks and Inspections.
12.1 The healthcare provider is required to measure the quality of the service provision annually. For this purpose, the care, delivery and/or support plan is used, among other things. The data from the measurements are used for internal quality improvement. The healthcare provider will only provide the client's data to third parties in an anonymised form. The client gives permission for the use of the client's data in the context of mandatory measurements, checks and external supervision. If the client does not wish to give permission for this, this will be recorded in his care, delivery or support plan, or the client must inform the healthcare provider of this in writing.
Article 13 Disputes
13.1 Every agreement between client and healthcare provider is exclusively governed by Dutch law.