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I. How We Work in Washington. Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services. APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
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Of critical importance when selecting an organization that is "providing" home care is determining whether the organization is a "licensed home health care agency" or a "nurse registry". Most seeking such services do not understand the importance of the difference.
In the case of the former, the home health aide is an employee of the company and is (hopefully) insured and bonded through the agency. Still, the contract entered into rules.
In the case of the latter, the home health aide is an independent contractor and is responsible for their own liability insurance and bonding. Typically, a nurse registry is just that and does not provide any liability protection.
Thank you. The agency is lisense by the state. Wrote several letters. They refused to respond. Suing in small claims. They have had several names changes. There is a middle non for profit involved who recommended and monitor the agency also refuse to respond to my letters and phone calls.
I don't know if they are liable or not but I want to encourage you to file a police report and have this person charged so that anyone who asks for a criminal background in the future check knows the kind of person they are.
Something to consider should you be on Medicaid, when filing a police report and disclosing the value of missing item. If it qualifies as an asset set forth by Medicaid and the value exceeds the asset value Medicaid sets forth it may possibly become an issue.
FeedupUSA, first you need to be 100% sure the item was stolen and not misplaced or given to a relative/friend.
I remember back when I was cleaning out my parents house, my Mom has a really nice second engagement ring which I always thought was in her and Dad's bank safe deposit box as Mom rarely wore it. Well, it wasn't in the safe deposit box but my rings were there.
Heavens know where that ring went. My Dad had around the clock caregivers, but I couldn't point a finger at any of them, for who knows maybe my Mom gave the ring to a relative, or she had lost it.
Nothing else of value was ever missing, as Dad had a habit of leaving his wallet on his desk. He always had $25 in it, and any time I visited, I would check his wallet. Money was always there.
The caregivers my Dad had were bonded, so they were covered for such things like this. But like I said, you need 100% proof it was a caregiver.
And blending CW's and FF's advice, first get your documentation and proofs together, then file a police report. I haven't decided if you should give the Agency another chance first though. Something to think about.
Do you mind providing information on the stolen items? Under a certain value, it might be misdemeanor, or above that value, a felony charge.
You'll have to present a good case and justification for police to act, so be prepared to do that.
BTW, what background checks does the agency do? Was it represented that the caregivers had been checked at local, state and federal level for criminal activity?
There used to be a legal doctrine with "superior" in the description. Might have been caveat superior. I'm not really sure though. (I'll wake up in the middle of the night and remember it.) It addressed responsibility by an employer for an employee.
Under that doctrine, the agency would be responsible.
Note, however, that some agencies include clauses that they're secifically not responsible in situations like this. I learned that when I was trying to find a private duty agency with a decent contract.
If private duty caregiving ever gets the attention of the legal community, that's an issue that should be addressed so that any assertion of it in the contract would be considered inconsistent with statutory or case law.
This was my experience.....the owner of the caregiver agency told us during the contract signing that the employees were bonded and made us feel pretty comfortable about the issue. However, when the theft occurred, I was told the burden of proof was on me, which I could not provide. (Should have had cameras in mom's home.) So when we went to report this person to law enforcement, we found out that the caregiver was not a US citizen and had already hightailed it back to the Philippines. Horrible experience. Agency could not be held accountable at all.
This is a shame. Good answers above. Does this agency assert that their caregivers are bonded and insured? I think that’s usually the case, and if so maybe you can pursue the person on those factors - her insurance, or the money in the bond? Good luck.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
In the case of the former, the home health aide is an employee of the company and is (hopefully) insured and bonded through the agency. Still, the contract entered into rules.
In the case of the latter, the home health aide is an independent contractor and is responsible for their own liability insurance and bonding. Typically, a nurse registry is just that and does not provide any liability protection.
Caveat emptor.
I remember back when I was cleaning out my parents house, my Mom has a really nice second engagement ring which I always thought was in her and Dad's bank safe deposit box as Mom rarely wore it. Well, it wasn't in the safe deposit box but my rings were there.
Heavens know where that ring went. My Dad had around the clock caregivers, but I couldn't point a finger at any of them, for who knows maybe my Mom gave the ring to a relative, or she had lost it.
Nothing else of value was ever missing, as Dad had a habit of leaving his wallet on his desk. He always had $25 in it, and any time I visited, I would check his wallet. Money was always there.
The caregivers my Dad had were bonded, so they were covered for such things like this. But like I said, you need 100% proof it was a caregiver.
Victims know their own stuff and when things are missing or when they have been violated.
There's a good explanation by Cornell Law School:
https://www.law.cornell.edu/wex/respondeat_superior
And blending CW's and FF's advice, first get your documentation and proofs together, then file a police report. I haven't decided if you should give the Agency another chance first though. Something to think about.
Do you mind providing information on the stolen items? Under a certain value, it might be misdemeanor, or above that value, a felony charge.
You'll have to present a good case and justification for police to act, so be prepared to do that.
BTW, what background checks does the agency do? Was it represented that the caregivers had been checked at local, state and federal level for criminal activity?
Under that doctrine, the agency would be responsible.
Note, however, that some agencies include clauses that they're secifically not responsible in situations like this. I learned that when I was trying to find a private duty agency with a decent contract.
If private duty caregiving ever gets the attention of the legal community, that's an issue that should be addressed so that any assertion of it in the contract would be considered inconsistent with statutory or case law.
And even if the agency's contract attempted to exclude liability in its contract, that could be challenged - exclusion clauses have to be reasonable.
What does the contract say about what steps the agency takes to check the backgrounds of the workers it supplies?
Have you had an opportunity to sort this out with the actual culprit, though?
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