I have employed a home care service to care for my mother for over a year. Today, they notified me that it is "time to part ways" (would nOT give a reason,)
and stated that their service is terminated as of today. Their page states that I can end service with a 2 week notice, with nothing concerning them. I'm waiting on them to snd a copy of the contract I signed, and am looking for my copy.
Can they do this without any notice?
I have to wonder what transpired between your Mom and the aide.... they didn't terminate the aide and bring a new one in ...which you would expect if they fired the aide because there was some wrong doing on the part of the aide. No, They terminated your Mom. That says something convinced them to send no more aides to help your Mom. Basically..they fired your Mom.
Synopsis: Mama is max assist. They expressed concern for their employees and a possible workman's comp claim, and requested I ask Mama's primary doctor for a prescription for a Hoyer lift. I placed the call to her doctor, leaving a message. Shortly afterwards, the agency called back with a 'nevermind' attitude, and terminated service immediately. I would be somewhat ok IF they had given a few days notice so that I can hire another agency. I am her only family member able to be here, but I cannot lift her due to an injury to my hips, which they are very aware of. This feels a lot like abandonment of a vulnerable person since they are leaving her without care.
Synopsis: Mama is max assist. (Tiny, about 106 lbs) They expressed concern for their employees and a possible workman's comp claim, and requested I ask Mama's primary doctor for a prescription for a Hoyer lift. I placed the call to her doctor, leaving a message. Shortly afterwards, the agency called back with a 'nevermind' attitude, and terminated service immediately. I would be somewhat ok IF they had given a few days notice so that I can hire another agency. I am her only family member able to be here, but I cannot lift her due to an injury to my hips, which they are very aware of. This feels a lot like abandonment of a vulnerable person since they are leaving her without care.
Call APS and alert them to the fact that mom is a vulnerable elder who has no care due to the agency backing out?
The cost gets to be pretty high.
At this point I think most Assisted living places will not take someone that is a 2 person assist or someone that needs "machines" like a Sit to Stand or a Hoyer lift to aid in transfer. These people are now placed in "Nursing Homes" rather than Assisted living or Memory Care facilities.
Sure costs a lot more for the family!
I am sure the Agency is going this route as well.
But that aside you deserve a reasonable answer as to why the termination and with no notice.
Just a thought but you might want to ask if they can refer you to another agency.
Call another agency immediately and get help in
If the two aides want to stay with your mom then refer them to the next agency - they all usually have their names out with more than one
Being left in the lurch by caregivers is a big hindrance to keeping loved ones at home
It does sound as though something - some regulation, some problem - suddenly dawned on the agency and their reaction was to run like the wind. That reaction was unprofessional and created the potential for risk. You may not have a contractual claim (depends what's in the contract) but you certainly do have grounds for a formal complaint. Find out who the agency's regulator/inspector is and write to them.
Quick: find another licensed, bonded home care company to continue service.
Soon: find a way to get a Hoyer lift. Can her insurance help?
Long Run: Research facilities now. You might try seeking a social worker at your hospital, call your local Council on Aging to find help in seeking help. The COA membership costs $10.00 a year and they've been invaluable for me. Bless you!!
Check if health insurance will pay for a prescribed lift.
You may be able to get respite care in a nursing home for a couple of weeks until you get it all sorted out.
otherwise go on line for used if money is an issue
2 - I'll bet there was a workman's comp. issue that caused this situation - but that is just plain mean on their part not to give full explaination - they should have told you about any problem so you could fix it
3 - Call agency & ask for a FULL ANSWER or that you'll report them to Better Business Bureau & they will hate that but to do it so others aren't left in limbo like you
4 - Keep you paper work for mom in a special spot even if you think you won't need it - because you'll need some of it - I use a file folder from dollar store in red to find easy
5 - I log many items - if possible use 24 clock but if you aren't used to it don't start now - I write call person's name, employee number/ other identiying info, date, time, main topics covered - as to time don't say from 10:00 to 10:15 but 9:59 to 10:16 because when you write it like that they automatically know you didn't 'round off' time & your notes take on a higher degree of accuracy too - I use 24 hr so 1438 to 1507 sounds so precise - FYI I sued my cell provider using this type of log & won cash settlement, hand written note of apollogy, plus the phone was mine free & clear because I had that type info on hand
She needs to call the company they had & ask to make an appointment to talk to the director in person. Then do so, going into this in a "what can I do, or couldn't have done" attitude to make this work out. If there are problems on the family end, you will continue to get the same results, eventually, with everywhere you use/go. The Aids that are helping them now are not good sources of information due to they are making money by being there & may still be going due to it is easier than finding another job.
The problem very well could be due to no Hoyer Lift. That is the family's responsibility to provide & the Home Health company's responsibility to make sure their workers to not get hurt while working. I've never heard of a family not being able to get a lift so not sure what the hold up on that is. Not having a lift, which the family realizes is required, falls in the category of that home not being a safe place for the workers.
Yes, WCF would worry about you and about the client's safety if either party was hurt. Those lifts are not for the healthy, mobile person, they are last ditch efforts to keep a patient in home.
I know my contract with the company was subject to termination (by the company) without 'cause'. but we always talked stuff out. No secrets. This just seems very under the table and poorly executed. Most people don't bother to read the contracts, The just sign. I'm on both sides of the table here, so I feel for you, but I also understand the care company's need to protect themselves.
Ask the agency if the only issue is the lift/workman's comp, and if you now have a lift, will they return to your original care contract with your mom.
Agree with others about covering your insurance bases with private pay. You don't have to withhold payroll taxes if they are 'private contractors' to you. The taxes are their responsibility. Also having them as private contractors may help protect you from any injury claims. Go online and find a good generic form you can have them sign.
I would seriously look into renting a lift asap until you can get one by going through the paper work with her doctor. Find out what company you doctor normally works with, or your insurance works with, call them and tell them you would like to private pay to rent the equipment from them until the insurance paperwork is processed. It is often delivered within 24 hours.
How they ended the contract with you so abruptly is really not an issue worth pursuing, especially if you hope to bring them back into your Mom's home once you have the lift for her.
Since the contract does not specify what if any kind of notice they must give you, there is really no recourse against them.
Since they specifically cited workman's comp/injury issues, they have every right and responsibility at employers to NOT put their employees in situations where they may get injured. It sounds like a lawyer or HR person told them legally they had to mitigate their liability asap. It would have been nice if they had given you some notice/opportunity to rectify the situation and get a lift installed, but lawyers and HR are about the numbers and the paperwork. It might not even have been your Mom's situation directly (ie one of her caretakers complained) but rather a worker for someone else got injured trying to lift them and filed a workman's comp claim which made the company review all their client's that needed lifting assistance.