Terms and Conditions
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Terms and Conditions
Acceptance of Terms
By accessing our services, you agree to:
• Legal Capacity: Confirm you are 18+ years old or have legal guardianship authority to make care decisions.
• Full Understanding: Acknowledge receipt of this document and our Privacy Policy.
• Compliance: Adhere to all local, state (CA), and federal laws.
Example: If you book services for an elderly parent, you must provide proof of Power of Attorney or guardianship.
Scope of Services
Non-Medical Care Defined
Inclusions (CA HSC §1796.12):
• Personal Care: Assistance with bathing, dressing, grooming, and toileting.
• Mobility Support: Transfers (bed to chair), walking assistance, fall prevention.
• Home Support: Light housekeeping, meal prep, medication reminders.
• Companionship: Social engagement, cognitive activities, transportation.
Exclusions:
• Medical Services: Wound care, injections, physical therapy requiring licensure.
• High-Risk Tasks: Heavy lifting beyond 50 lbs, structural home modifications.
Example: Our caregiver can remind a client to take pills but cannot administer insulin injections.
Caregiver Qualifications
Hiring Standards
• Registry: All aides listed on CA Home Care Aide Registry (HSC §1796.45).
• Training: 80+ hours covering dementia care, emergency response, and cultural competency.
• Background Checks:
o Live Scan fingerprinting (CA Penal Code §11105.3).
o Continuous monitoring of abuse registries.
Supervision
• Weekly Check-Ins: Supervisors visit clients’ homes unannounced.
• Emergency Support: 24/7 RN hotline for caregiver guidance.
Client Responsibilities
Accurate Disclosure
• Health History: Provide complete medical records, allergies, and mobility limitations.
• Home Safety: Disclose hazards (e.g., aggressive pets, broken flooring).
Consequences of Non-Disclosure:
• Termination of services if unreported risks endanger caregivers.
• Liability for injuries caused by hidden hazards.
Cooperation
• Care Plan Adherence: Follow agreed schedules and routines.
• Respect: Prohibit verbal/physical abuse toward staff (zero-tolerance policy).
Example: A client refusing to allow vital sign checks may face service termination.
Dispute Resolution
Mandatory Mediation
• Process: Parties meet with a neutral mediator from the LA County Bar Association.
• Costs: Split equally unless otherwise agreed.
• Timeline: Must begin within 30 days of dispute.
Binding Arbitration
• Rules: JAMS Streamlined Arbitration Rules.
• Location: Hearings held in North Hollywood, CA.
• Award: Final decision enforceable in court.
Example: A billing dispute over $5,000 would bypass court and go to arbitration.
Liability Limitations
Cap on Damages
• Maximum Liability: 6 months of service fees (CA Civil Code §1671).
• Exclusions:
o Gross Negligence: Willful misconduct by staff.
o Property Damage: Up to $10,000 for caregiver-caused incidents.
Example: If a caregiver accidentally breaks a 15,000antique,compensationiscappedat15,000antique,compensationiscappedat10,000.
Client Assumed Risks
• Pre-Existing Conditions: We are not liable for health declines unrelated to our care.
• Third-Party Actions: Injuries caused by family members or visitors.
Privacy & Data
HIPAA Compliance
• PHI Protection: Health data stored encrypted with access logs.
• Breach Notice: Clients notified within 60 days of data exposure (45 CFR §164).
CCPA Rights
• Opt-Out: Reject data sharing for marketing.
• Deletion: Request removal of non-essential records.
Governing Law
• Jurisdiction: LA County Superior Court for unresolved disputes.
• Applicable Laws: California Home Care Act, Labor Code, and Civil Code.
Amendments
• Notice: 30-day email notice of changes.
• Acceptance: Continued use after notice implies agreement.