Terms and Conditions

About the job

These terms and conditions are part of the framework agreement and are handed over to the client before signing the framework agreement.

Valid from 1 January 2020

Contracting parties and legal basis

"Spitex" hereinafter refers to spirix care AG and "client" to the person (female or male) who uses the service.

By signing the framework agreement, Spitex and the client enter into a contractual relationship for which they declare these general terms and conditions applicable. Unless otherwise specified in the framework agreement and these general terms and conditions, the provisions of the Swiss Code of Obligations (CO) apply, in particular the provisions on the mandate (Art. 394 et seq. CO).

General conditions and Spitex services

Spitex supports the client with nursing, domestic, advisory or social care services in the sense of supplementary help and care at home. The resources of the client and relatives as well as the social environment are taken into account and included at the client’s request.

If other providers or employees provide services alongside Spitex, Spitex is responsible for coordination regarding care quality, division of individual tasks and responsibilities, as well as the determination of deployment times and hours.

Contractual obligations of Spitex

Periodic needs assessment

Spitex periodically assesses the help and care needs of each client, usually at the client’s home. The electronic assessment tool "interRAI" is used for the needs assessment. If necessary, the parties adjust the scope of services to changed circumstances. All services are documented in writing. The client acknowledges that the scope of nursing services payable by health insurers is limited.

The needs assessment for nursing services is subject to insurance and will be invoiced in any case. For domestic services, the health insurer decides whether services are paid from supplementary insurance.

Provision of services

Spitex organises and schedules the services. This includes in particular the following:

It usually assigns a direct contact person from Spitex to the client, their relatives and any other parties involved (e.g. the family doctor).

It determines the employees for the respective assignments. The client cannot choose who will perform the assignment. The assignments are carried out by different employees each time. The right to issue instructions to the employees lies with Spitex.

It agrees with the client on time windows in which the assignments are carried out. If an assignment cannot be performed within this time window, the client will be informed by telephone if possible.

Spitex is entitled to interrupt or cancel an ongoing or upcoming service assignment if it is unreasonable. Reasons may include professional or medical grounds, threats of violence, violence, sexual assaults, gross insults, health hazards to employees or poor cooperation of another person or organisation involved in the overall service.

Behaviour in case of danger to the client or third parties

If the client endangers themselves or their environment, Spitex informs the family doctor and, if necessary, the municipality, the adult protection authority KESB or the police. Spitex informs the client or a person designated by the client (in advance / as part of the needs assessment) (relatives or others) beforehand if possible.

Emergencies

In medical or other emergencies, Spitex may call doctors, emergency services etc. at the client’s expense. This is done, if possible, in or after consultation with the client or a relative or trusted person designated by the client (as part of the needs assessment) or with the family doctor.

Privacy and duty to inform

Spitex and its employees respect the client’s privacy within the framework of the legally applicable data protection regulations and undertake to maintain confidentiality. To fulfil their mandate, they may open cupboards, drawers, refrigerators etc.

At the client’s request, Spitex grants access to the entire documentation of the client at any time and provides comprehensive information about the type, scope and continuation of help, care and support.

Liability

Spitex is liable for damages caused intentionally or by gross negligence by employees. Any further liability is excluded.

No acceptance of gifts

Spitex employees are not authorised to accept gifts or benefits for themselves or others offered in connection with their professional activity. Occasional gifts of small value are excepted.

Client’s cooperation obligations

The client is usually present during assignments, shows due respect to Spitex employees and cooperates as far as possible during the assignment.

The client adjusts the home furnishings and materials as necessary for action requirements and accident and illness prevention and accepts the care materials used by Spitex. The means of basic and treatment care as well as domestic services are usually kept at the client’s home.

Spitex ensures that the material necessary for all nursing activities is on site. All insured materials according to the list of means and items (MiGeL) used by Spitex employees during nursing actions are charged to the residual financer (municipality). If the client or their relatives use this material themselves, all costs are borne by the client or their health insurer.

All utensils necessary for the provision of domestic services must be organised by the client.

The client ensures Spitex access to the apartment or house. If necessary, the client hands over a house or apartment key to Spitex against receipt; the client is aware that Spitex has no access if no key is handed over. If Spitex does not have a key and one cannot be made available immediately, it may have the locked front door professionally opened at the client’s expense if there is suspicion that something has happened to the client.

Rates and invoicing

The price for Spitex services is based on the tariff list, which forms an integral part of this agreement. Prices may be adjusted. Price adjustments will be communicated in advance.

Spitex invoices all services, including needs assessment, administrative work, inquiries with third parties, time and expenses for shopping, travel expenses etc., regardless of whether the costs are covered by mandatory or private health insurance. Non-insured services are also invoiced if assignments are cancelled by the client less than 24 hours before the assignment. The exception is an emergency hospital admission or emergency doctor visit.

Spitex invoices nursing services provided under the mandatory basic insurance (KLV) directly to the health insurance. It prepares a summary of these invoices.

Patient contributions are invoiced directly to the client. Invoicing for domestic and other non-insured services is also made directly to the client; the client is responsible for forwarding these to the health insurance for reimbursement. Invoicing is monthly with a payment term of 30 days, unless a separate individual agreement on payment modalities exists.

Termination of the contract

The client and Spitex have the right to terminate the contractual relationship at any time in accordance with Art. 404 CO. Usually, the parties terminate the contract with at least 30 days’ notice. This does not apply to termination at an inconvenient time. In case of unreasonableness or unforeseen hospital or nursing home admission, immediate termination is possible by either party. The contract ends upon the client’s death.

The client agrees that Spitex may inform relatives, the responsible municipality, the adult protection authority, the family doctor and service providers about the termination of the contractual relationship.

Settlement of complaints or disputes

All Spitex employees receive complaints from the client and immediately forward them to the superior for processing. The superior strives for an amicable solution if necessary, involving the department management or Spitex management.

If no resolution is reached or other reasons exist, the client or their relatives may contact the following bodies:

Health Department of the canton of residence

Independent Complaints Office for the Elderly; Internet: www.uba.ch

The district court Rheintal in Altstätten is responsible for legal disputes arising from this contract.