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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?

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QUICK - rent a lift. Then see about getting one paid for via insurance and paperwork with the doctor.
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.
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I worked Elder Care for a larger company. I was trained to do certain things, but NOT how to deal with someone with Hoyer lift. My client, in the end of my care for her, required just that. She hung on and fought leaving her home, but in the end, was moved to a stellar ALF. She needed more help than I could provide.

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.
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As an owner of a Home Service Agency - I would suggest contacting the Department of Health in your state. They can put you in contact with the office that would handle your inquiry. Each state is different. We are in Illinois and the mandate is that if we terminate an agreement, we are required to provide 7 days notice UNLESS it is a safety concern. This information should be spelled out clearly and concisely in the Service Agreement Form. Good luck.
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Unfortunately it will be based on what is stated on your contract. However, it may be illegal to abandon the client without notice. I would report their actions to the Better Business Bureau.
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luckylu ~ I didn't know such a thing existed!?!? I learned something new today! If anyone else didn't know about this, I simply did a Google search of "The Quality Improvement Organization...
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If you are considering a lift. There are different types available. If mom is still able to use her arms a Get Up Lift maybe easier. It's from Invacare.
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Have you tried The Quality Improvement Organization? Maybe you could appeal it and they could help you.I'm sorry you are going through all this.Take care~
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In the age of online reviews, these agencies should be careful - consumers can really bruise their reputation. If there was a workers' comp issue, they would have sent another person - assuming there was an injury. If they had a lousy policy that limited their ability to lift or pay higher premiums, they should have the decency to tell you and advise of this from the get-go. Don't leave folks hanging like that!
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You should protect yourself from all the "legalese" by obtaining an elder law attorney.
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Worked at a caregiving facility, something sounds really off. Only time I ever saw issues, was between caregivers and difficult clients, however, no termination of care, (they had son talk to her asking her to treat the caregivers better) but she did not see she was being difficult. So, my facility just had to find people with thicker skin (I was one of em) to handle her. Eventually, she got much worse and my Mom got worse close to the same time so I had to walk away from her too for my own sanity. Two advancing dementia people in my life too many! I however did NOT blame the client, (unlike some of the other caregivers) I knew she could not help it and I did make sure my facility knew that. BTW, hoyer lifts are a nightmare to deal with, if that is your only option, but they are huge, a nightmare to get "just right" around the individual, also depending on how well the person can understand how to manuver their body in assistance, before you lift them into the giant sling, then manuevering the lift around everything, Ugh!!!! I have a bad lower back so I had the fun of using one on a mentally ill client, I said after the experience, it would have been a lot faster & easier just assisting from wheelchair onto toilet, bed, what have you! Just my opinion.
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Home Health Companies make money by seeing clients. When they lose a client they make less money. It is not logical for a Home Health company to initiate ending any contract with any client unless they had a very good reason to do so. I worked for such an agency for years and only heard of the company initiating the end of a relationship twice. Both times it was because the nurses refused to return to that client due to abuse (cursing, lying, frequently argumentative or physically harming worker...) by the client, or client's family. Or the client's family made the worker afraid for their life (family member had gun out & threatening another family member). I'm not say any of this happened in this case, but I am saying it's hard to believe that this person's perspective is the whole story.
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.
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I had an agency start care and worked for a week and when no one showed up one I Day I called and they said they had terminated for a past bill. Gave no notice no call nothing thank goodness I was working from home that day normally I leave and they have a code since we have worked with them for a long time previously you better believe I raised a lot of h*ll for that. Pro where even the vp of the company contacted me. They where totally wrong and in error they never requested payment. Needless to say they where very apologetic but as I told the vp they cannot be trusted with her care after this. Trust me I filed complaint after complaint, especially to leave someone that can't care for there selves. I know I hold a license I the health profession and you can't just abandon people. I would not be silent I would scream like heck and force them to give you time to find something else
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Call other agency's to find another worker immediately! I am sure you don't want an agency caring for your mom that feels they can't do so safely!
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A few years ago my spouse was able to return home after a lengthy nursing home stay recovering from a stroke. I was still employed and using FMLA (Family Medical Leave). I could work from home three days a week but was expected in the office the other two. On recommendation, we signed up with a home care agency which I will not name here out of concern for libel allegations. For the two days I was in the office we required 12-hour shifts, as my commute was 3 hours roundtrip on train. The aide we got was very good on several of the requirements we needed but had a habit of parking right behind my car upon arrival, costing me extra minutes to try and catch the train I needed to get to work on time. One day, I called home several times and there was no answer. I was beside myself because I didn't know if there was an emergency. Turns out my husband, who has limited physical ability, had left the house phone off the hook and the aide didn't pick up on that, though the aide had many hours to notice. One day, the aide asked me about the possibility of working for us privately. The aide must have been going through papers on my desk (I was stupid not to file them away in a drawer) and must have seen an invoice from the agency. I said no, I don't want to hire someone privately. Within a week after that, the aide started canceling Friday shifts -- three weeks in a row. This meant that I couldn't get to work and honor my agreement with my employer. After the third Friday cancellation the agency emailed me (not the courtesy of a phone call) and told me they were terminating us and that they'd be willing to refer me to other home health agencies. No advance notice. At that point, I had an outstanding bill for the shifts the aide had worked, so I replied that I would pay that outstanding bill on the spot if they gave me a reason. I also sent them a letter certified mail saying the same thing. No response. So, no final payment. I never did tell them about the aide approaching me to work privately. I figured, let them find out for themselves when that aide suddenly quits with no notice. Karma's a -- well, you know.
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southgal6, the two caregivers who are coming back on private pay please note that the former Agency could charge you a "finder's fee". It was in my Dad's contract, so if I hired one of his caregivers privately the fee would be $5k. Please read your contract.
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1 - Can you rent the hoyer lift? try Red Cross as here they have that sort of thing -
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
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They cancelled ours the minute we moved into assisted living -- but the same company sends the same aides to other people living here.
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If your state has an eldercare ombudsman call that office to investigate and find if there are legal issues you need to be aware of.

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.
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When I volunteered to help a relative because she asked, I too had to back off. On the outside it seemed to happen suddenly but it was the result of issues that escalated from intolerable behavior. This relative felt a sense of entitlement and did not show any gratitude to those who helped. To those who were not close enough saw just her needs. To any caregiver it is most stressful trying to explain away the accumulation of unresolved issues they are having with someone who is dying while they are working their best to make them as comfortable as possible. To this relative I simply was not qualified for the task; yet I was the only one she wanted.
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In our state, MN, Home Care agencies cannot drop someone immediately. They need to notify the family, and give 2 weeks notice to allow family to find Plan B. You should check with your state Ombudsman to find out the rules in your state. Or the Department of Health who oversees Home Care agencies.
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I agree that many things point to facility care. Seems you need a quick solution, a soon solution and a long-term solution all to be researched immediately.
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!!
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I'm so sorry that you've been dropped without warning into this terribly stressful situation. I hope the suggestions people have made will help you to get things straightened out.

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.
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In the middle of your explanation is the comment about a possible workman's comp claim. I think your reason may be right there. If you are paying privately please make sure you are properly paying employer taxes etc. for later Medicaid eligibility. You also need a special rider on your homeowners insurance if you have people working in your home privately. If you are at the house, she is not being left unattended. You need to be sure that you have agreement in place for caregiving that protects mom, you and them. A claim from private caregiver injured in your home could bankrupt your mom.
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Folks are lifted in a Hoyer lift by lay caregivers at mom's memory care and they weigh a lot more than your mom

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
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Often when there is someone that requires full assist they want a Nurse or certified CNA to do the job. And that is 2 Nurses or 2 CNA's.
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.
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I would start with a call to mom's dr and ring all the bells possible that mom is going to be without care because she doesn't have a lift.

Call APS and alert them to the fact that mom is a vulnerable elder who has no care due to the agency backing out?
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Nothing happened between them. The two who work 6 days a week have been with us for several months. I've spoken with them, and both cried. They're both coming tomorrow as private pay, but neither they nor I can do this long term.
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.
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Nothing happened between them. The two who work 6 days a week have been with us for several months. I've spoken with them, and both cried. They're both coming tomorrow as private pay, but neither they nor I can do this long term.
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.
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Yes, they can if the contract remains silent on the matter.

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.
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