Terms and Conditions

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

Valid from January 1, 2020

Contracting parties and legal bases

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

The Spitex and the client enter into a contractual relationship upon signing the framework agreement, 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 Swiss Obligations Law (OR), particularly the regulations concerning contracts (Art. 394 ff. OR), apply.

Framework conditions and Spitex services in general

The Spitex supports the client with nursing, household, advisory, or social care services in the sense of supplementary assistance and care at home. The resources of the client and their 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 the Spitex, the Spitex is responsible for coordinating care quality, the division of individual tasks and responsibilities, as well as determining the times and hours of service.

Contractual obligations of the Spitex

Periodic needs assessment

The Spitex periodically assesses the need for assistance and care for 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 the changed circumstances. All services are documented in writing. The client acknowledges that the scope of nursing services to be paid by health insurers is limited.

The needs assessment for nursing services is mandatory and will be charged in any case. For household services, the health insurer decides whether services from supplementary insurance will be paid.

Provision of services

The Spitex organizes and arranges the services. This includes, in particular:

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

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

It agrees with the client on time slots in which the services will be provided. If a service cannot be provided within this time slot, the client will be informed by phone if possible.

The Spitex is entitled to cancel or terminate an ongoing or upcoming service if it is unreasonable. This may include professional or medical reasons, threats of violence, acts of violence, sexual assaults, severe insults, a health risk to employees, or inadequate cooperation from another person or organization involved in the overall service.

Behavior in case of danger to the client or third parties

If the client endangers themselves or their environment, the Spitex informs the family doctor and, if necessary, the municipality, the adult protection authority KESB, or the police. The Spitex informs the client or a person designated by the client (previously / within the framework of the needs assessment) about this in advance if possible.

Emergencies

In case of medical or other emergencies, the Spitex can call doctors, ambulances, etc., at the client's expense. This is done in consultation with the client or with a relative or trusted person designated by the client (within the framework of the needs assessment) if possible.

Privacy and information obligation

The Spitex and its employees respect the client's privacy within the framework of applicable data protection laws and commit to confidentiality. As far as necessary to fulfill their assignment, they may open cabinets, drawers, refrigerators, etc.

Upon request, the Spitex grants the client access to all documentation and informs them comprehensively about the nature, scope, and continuation of assistance, care, and support.

Liability

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

No acceptance of gifts

The employees of the Spitex are not authorized to accept gifts for themselves or others or to claim benefits offered to them in connection with their professional activity. Occasional gifts of low value are exempted.

Client's obligations to cooperate

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

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

The Spitex ensures that all necessary materials for nursing activities are available on-site. All mandatory materials according to the list of means and objects (MiGeL) used by Spitex employees during nursing actions are charged to the residual financier (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 household services must be organized by the client.

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

Rates and billing

The price for the services of the Spitex is based on the rate list, which is an integral part of this agreement. Prices may be adjusted. Prior notice will be given regarding price adjustments.

The Spitex bills all services, including needs assessments, administrative work, clarifications with third parties, time, and expenses for purchases, travel expenses, etc., regardless of whether the costs are covered by mandatory or private health insurance. Non-mandatory services will also be billed for assignments canceled by the client less than 24 hours before the service. The exception is an emergency hospital admission or an emergency doctor visit.

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

The patient contributions are billed directly to the client. Similarly, billing for household and other non-mandatory services is done directly to the client; the client is responsible for forwarding them to the health insurance for reimbursement. Billing occurs monthly with a payment term of 30 days unless a separate individual agreement on payment modalities exists.

Termination of the contract

The client and the Spitex have the right to terminate the contractual relationship at any time in accordance with Art. 404 OR. Usually, the parties terminate the contractual relationship with a notice period of at least 30 days. This does not apply to termination at an inappropriate time. In case of unreasonable circumstances or unforeseen hospital or nursing home admission, both parties may terminate the contract without notice. In the event of the client's death, the contract ends.

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

Resolution of complaints or disputes

All employees of the Spitex accept complaints from the client and forward them immediately to the appropriate authority for processing. This authority strives for an amicable solution if necessary, involving the department management or management of the Spitex.

If no clarification is reached or other reasons exist, the client or their relatives have the option to contact the following authorities:

Health department of the residential canton

Independent complaints office for the elderly; Internet: www.uba.ch

For judicial disputes arising from this contract, the district court Rheintal in Altstätten is responsible.