Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you (the "Client," "you," or "your") and Desi HomeCare LLC, a Kentucky limited liability company ("Desi HomeCare," "Company," "we," "our," or "us").

By engaging our services, signing a service agreement, or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you must not use our services.

These Terms apply to all clients, authorized representatives, family members, and any person or entity receiving or arranging for home healthcare services from Desi HomeCare.

2. Services Provided

Desi HomeCare is a licensed home healthcare agency (Kentucky PSA #500531) providing non-medical, personal care, and supportive services in the comfort of your home. Our services are designed to assist individuals who require help with activities of daily living and are delivered by trained, qualified caregivers under the supervision of our management team.

2.1 Core Services

We provide the following services, tailored to each client's individualized care plan:

• Personal Care Services: Bathing, dressing, grooming, toileting, and incontinence care
• Mobility Assistance: Transferring, ambulation support, and fall prevention
• Companion Care: Conversation, emotional support, and social engagement
• Medication Reminders: Prompting and observing self-administration of medications
• Meal Services: Meal planning, preparation, feeding assistance, and dietary monitoring
• Light Housekeeping: Laundry, tidying living areas, and maintaining a safe environment
• Respite Care: Temporary relief for family caregivers
• Transportation Assistance: Accompaniment to medical appointments and errands
• 24-Hour Live-In Care: Round-the-clock assistance and supervision

2.2 Medicaid Waiver Services

We are an approved Medicaid Waiver provider through Kentucky's Michelle P. Waiver, Supports for Community Living (SCL) Waiver, and other state programs. Services under these programs are subject to authorization and eligibility requirements established by the Kentucky Cabinet for Health and Family Services (CHFS).

2.3 Individualized Care Plans

All services are provided according to an individualized care plan developed through comprehensive assessment and consultation with the client, family members, authorized representatives, and healthcare providers. Care plans are reviewed and updated regularly to ensure they continue to meet the client's evolving needs.

3. Eligibility and Service Acceptance

Our services are available to adults age 18 and older who require assistance with activities of daily living, including but not limited to seniors, individuals with disabilities, persons recovering from illness or injury, and individuals with chronic conditions.

For clients under age 18, services require written consent and active involvement of a parent or legal guardian. We comply with all applicable laws regarding consent for minors.

We reserve the right to decline or discontinue services if:

• The client's needs exceed our scope of practice or capabilities
• The client requires skilled nursing or medical services we are not licensed to provide
• The home environment poses unreasonable safety risks to our caregivers
• The client or household members engage in abusive, threatening, or illegal behavior
• Payment obligations are not fulfilled

4. Client and Family Responsibilities

To ensure the delivery of safe, high-quality care, clients and their families agree to the following responsibilities:

4.1 Information and Communication

• Provide complete, accurate, and timely information about the client's health condition, medications, allergies, medical history, and care needs
• Promptly notify us of any changes in the client's condition, medications, or care requirements
• Inform us immediately of hospitalizations, emergency room visits, or changes in medical status
• Update emergency contact information and authorized representatives as needed
• Communicate scheduling changes, concerns, or service issues to our office in a timely manner

4.2 Safe Environment

• Maintain a safe, clean, and sanitary home environment for caregivers to work in
• Ensure adequate lighting, climate control, and ventilation
• Remove or secure hazards such as aggressive pets, firearms, or dangerous materials
• Provide necessary supplies and equipment for care delivery (or notify us if assistance is needed)
• Notify us immediately of any safety hazards, communicable diseases, or environmental concerns

4.3 Respect and Professional Conduct

• Treat caregivers with respect, dignity, and professionalism at all times
• Refrain from any form of harassment, discrimination, verbal abuse, or threatening behavior
• Do not request caregivers to perform tasks outside their scope of duties or that violate company policy
• Do not offer gifts, tips, or personal payments to caregivers (any gratuities should be directed through our office)
• Respect caregiver privacy and do not request personal information or social contact outside of professional duties

4.4 Scheduling and Attendance

• Provide at least 24 hours' notice for schedule changes or cancellations whenever possible
• Be available and ready for scheduled care visits
• Notify our office if the caregiver does not arrive within 15 minutes of the scheduled time
• Understand that repeated late cancellations may affect scheduling priority

4.5 Financial Responsibilities

• Pay for services according to the agreed payment terms and schedule
• Provide insurance information and authorization for Medicaid waiver services
• Notify us immediately of changes to insurance coverage or Medicaid eligibility
• Understand and accept responsibility for co-pays, deductibles, and non-covered services

4.6 Care Plan Compliance

• Follow the individualized care plan as developed and approved
• Continue to follow physician orders and medical recommendations
• Participate in care plan reviews and updates as scheduled
• Inform us if you disagree with any aspect of the care plan

5. Payment Terms and Billing

5.1 Service Rates and Billing

Service rates are established based on the type and level of care required, frequency of services, and payment source (private pay, insurance, or Medicaid waiver). Rates are outlined in your individualized service agreement and may be adjusted with 30 days' written notice.

Billing is based on actual hours of service provided, documented by caregiver time records. Invoices are generated according to the billing schedule specified in your service agreement (weekly, bi-weekly, or monthly).

5.2 Payment Methods and Terms

We accept the following payment methods:

• Credit or debit cards (Visa, Mastercard, American Express, Discover)
• Electronic bank transfer (ACH)
• Personal or business checks (subject to verification)
• Private insurance (we will bill your insurance provider directly)
• Medicaid waiver programs (billed directly to the state)

Payment is due within the timeframe specified on your invoice, typically within 15 days of the invoice date. Late payments may be subject to a late fee of 1.5% per month (18% annual percentage rate) or the maximum permitted by law, whichever is less.

5.3 Insurance and Third-Party Billing

For clients with private insurance coverage, we will bill your insurance provider directly as a courtesy. However, you remain ultimately responsible for payment of all services rendered. You are responsible for:

• Verifying that our services are covered under your insurance policy
• Obtaining necessary pre-authorizations or referrals from your physician
• Providing accurate and current insurance information
• Paying deductibles, co-payments, and co-insurance amounts
• Paying for any services denied or not covered by your insurance plan

5.4 Medicaid Waiver Services

For clients approved for Medicaid waiver services, we will bill the Kentucky Medicaid program directly. Services are subject to:

• Current Medicaid eligibility and waiver enrollment
• Service authorization from your case manager or support broker
• Approved hours and services as outlined in your person-centered service plan
• Compliance with all Medicaid waiver program requirements and limitations

You are responsible for immediately notifying us of any changes to your Medicaid eligibility, waiver enrollment, or authorized services. Services provided without valid authorization may be your financial responsibility.

5.5 Cancellation and No-Show Policy

We require at least 24 hours' advance notice for schedule changes or cancellations.

• Late cancellations: Cancellations with less than 24 hours' notice may be subject to a cancellation fee of up to 2 hours of service at your contracted rate
• No-show policy: If a caregiver arrives for a scheduled visit and the client is not home or refuses service without prior notice, you may be charged for the scheduled visit time (minimum 2 hours)
• Emergency exceptions: Fees may be waived for documented emergencies such as hospitalization

These fees help us compensate caregivers for their scheduled time and maintain fair scheduling for all clients.

5.6 Non-Payment and Collection

Failure to pay for services may result in suspension or termination of services. Unpaid balances may be referred to a collection agency or attorney for collection. You will be responsible for all costs of collection, including reasonable attorney fees and court costs. Continued non-payment may also affect your ability to receive services from other home healthcare agencies.

6. Caregiver Conduct and Standards

Our caregivers are:

• Background checked and screened
• Trained in personal care and safety protocols
• Required to maintain professional boundaries
• Supervised and supported by our management team
• Insured and bonded

7. Limitation of Services

Our services do not include:

• Medical diagnosis or treatment (we are not a medical practice)
• Skilled nursing services
• Heavy housekeeping or home repairs
• Services requiring professional licenses we do not hold
• Care in unsafe environments

8. Confidentiality and Privacy

We are committed to protecting your privacy and maintaining the confidentiality of your personal and health information in accordance with HIPAA and applicable state laws. Please see our Privacy Policy for more details.

9. Safety and Emergency Procedures

In case of emergency, our caregivers are trained to:

• Call 911 for medical emergencies
• Contact emergency contacts as designated
• Follow the client's care plan emergency procedures
• Notify our office immediately

10. Termination of Services

Either party may terminate services with written notice. We reserve the right to terminate services immediately if:

• Payment terms are not met
• The client or family creates an unsafe or abusive environment
• Services requested are beyond our scope
• The client's needs exceed our capabilities

11. Liability and Insurance

Desi HomeCare maintains appropriate professional liability insurance. We are not responsible for pre-existing conditions, medical complications, or incidents beyond our control. Our liability is limited to direct damages caused by our negligence.

12. Complaints and Grievances

We welcome feedback and take all complaints seriously. If you have a concern about our services, please contact our office immediately. We will investigate and respond to all complaints in a timely manner.

13. Governing Law and Dispute Resolution

These Terms of Service are governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms or our services shall be brought exclusively in the state or federal courts located in Jefferson County, Kentucky, and you consent to the jurisdiction of such courts.

Informal Resolution: Before initiating any formal legal action, the parties agree to attempt to resolve disputes informally by contacting our office and providing a written description of the dispute. We will work in good faith to resolve the matter within 30 days.

Limitation on Claims: Any claim or cause of action arising out of or related to our services must be filed within one (1) year after the claim or cause of action arose, or it will be permanently barred.

14. Changes to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective upon posting to our website. Continued use of our services constitutes acceptance of modified terms.

15. Contact Information

For questions about these Terms of Service, please contact us: