Sovereign Care Services® is pleased to announce that it has earned CARF accreditation
STANDARD TERMS AND CONDITIONS OF SERVICE
STANDARD TERMS AND CONDITIONS OF SERVICE For Facility Staffing
This document describes the standard terms and conditions for the provision of services by Sovereign Care Services® to its clients. In the event any of these terms and conditions conflict with other arrangements agreed upon in writing or stated in a Sovereign Care Services® agreement or rate schedule, such other terms and conditions shall apply. Changes to these standard terms and conditions of service may occur from time to time and will be published at the https://sovereigncare.net/public website and can be found by “page footer and selecting TERMS and CONDITIONS”.
DEFINITIONS
A. THP is a temporary healthcare professional working as an employee of Sovereign Care Services® on assignment at Client.
B. Per Diem THP is any THP not regarded as a Traveler under this agreement.
C. Traveler is any THP provided by Sovereign Care Services® for whom a Confirmation of terms of an assignment of not less than 4 weeks in duration has been made by Client.
D. Confirmation is the Client’s written acceptance of a particular Traveler to fill a specific Client need.
The Responsibilities of Sovereign Care Services®
It is Sovereign Care Services® responsibility to:
1. Provide services in conformance with all Joint Commission standards applicable to Health Care Staffing Services.
2. Provide service coordinator staff on a 24 hour per day, 365 day per year basis to receive and process service requests and changes.
3. Match client service requests with Temporary Healthcare Personnel (THPs) who are properly screened and qualified in accordance with our standard hiring practices.
4. Provide clients, upon request, with documentation of the skills and qualifications of assigned personnel, either via e-mail or facsimile.
5. Instruct all THPs to always carry on their person an original license, evidence of current CPR and any applicable specialty certifications, for immediate client inspection.
6. Assume sole responsibility as the employer of record for the payment of wages to THPs and for the withholding of applicable federal, state and local income taxes, the making of required Social Security tax contributions, and the meeting of all other statutory employer responsibilities (including, but not limited to, unemployment and worker’s compensation insurance, payroll excise taxes, etc.).
7. Comply with federal, state and local labor and employment laws applicable to Assigned Employees, including the Immigration Reform and Control Act of 1986; the Internal Revenue Code (“Code”); the Employee Retirement Income Security Act (“ERISA”); the Health Insurance Portability and Accountability Act (“HIPAA”); the Family Medical Leave Act; Title VII of the Civil Rights Act of 1964; the Americans with Disabilities Act; the Fair Labor Standards Act; the Consolidated Omnibus Budget Reconciliation Act (“COBRA”); the Uniformed Services Employment and Reemployment Rights Act of 1994; as set forth in subparagraph h. below, the Patient Protection and Affordable Care Act (ACA); and the Occupational Safety and Health Act of 1970.
8. Comply with all provisions of the ACA applicable to Assigned Employees, including the employer shared responsibility provisions relating to the offer of “minimum essential coverage” to “full-time” employees (as those terms are defined in Code §4980H and related regulations) and the applicable employer information reporting provisions under Code §6055 and §6056 and related regulations.
9. Maintain a system documenting, tracking, and reporting unexpected incidents, including errors, unanticipated deaths and other events, injuries, and safety hazards relating to the care and services provided. (It is the Clients’ responsibility to promptly notify Sovereign Care Services® within 24 hours of when an incident occurs. Upon notification, Sovereign Care Services® will then implement incident tracking/resolution processes and communicate with the client as needed.) Client may be required to provide written documentation to Sovereign Care Services® to facilitate the investigation and potential corrective actions of incidents. Depending on the severity of the incident; Sovereign Care Services® will also have our Risk Oversight Committee review and make recommendations.
10. Maintain general liability insurance and professional liability insurance with limits equal to or greater than $1,000,000 per occurrence and $3,000,000 aggregate and to provide certificates of insurance on request.
11. Not use subcontractors in the usual course of providing staffing services unless otherwise contracted for and approved in writing.
12. Not discriminate in employment with respect to race, religion, sex, creed, disability or national origin in compliance with all applicable laws including Title VII of the Civil Rights Acts of 1964, or any of its amendments, and the Americans with Disabilities Act.
13. Comply with Section 1861(v) of the Social Security Act, and, therefore, for a period of four years, make available upon written request such books, documents and records as are necessary to certify the nature and extent of the cost of providing services.
STANDARD TERMS AND CONDITIONS OF SERVICE CONTINUED
The Roles/Responsibilities of Client:
1. Make final determination of the suitability of THP documented competencies and experience as presented by Sovereign Care Services® for the designated assignment.
2. Provide orientation which, at minimum, includes the review of policies and procedures regarding medication administration, documentation procedures, patient rights, Infection Prevention, and Fire and Safety, OSHA and EMR/Charting (if applicable).
3. Manage Sovereign Care Services® THPs consistent with their own policies and procedures and address any incident consistent with those policies and procedures. Promptly notify (within 24 hours) Sovereign Care Services® by written documentation of any unexpected incidents, errors and sentinel events that involve THPs and of any occupational safety hazards or events that involve THPs.
4. Recognize Sovereign Care Services® policy regarding the floating of staff whereby THPs are instructed not to accept a floating assignment if they do not have the skills required to perform a competent level of care.
5. Assist Sovereign Care Services® with the periodic evaluation (no less than annually) of THP job performance. Travelers will be evaluated after each assignment.
6. If applicable, when advanced practice services are requested (NPs and/or PAs), it is the responsibility of the CLIENT to have an executed copy of the Collaborative Agreement between the advanced practice personnel and the collaborating physician.
7. Promptly notify (within 24 hours) Sovereign Care Services® by written documentation of any unsatisfactory job performance or action taken to terminate the services of a THP due to incompetence, negligence, or misconduct. In such event the client shall only be obligated to compensate Sovereign Care Services® for actual time worked by the THP.
8. If unable to resolve a problem or complaint at the branch or department level, please refer to our Client Grievance Policy located on our website at https://sovereigncare.net/for instructions on how to submit a grievance to Sovereign Care Services® or to report concerns to The Joint Commission. Client may submit a grievance in writing to the corporate office by mail or by email to Nataya.Cook@sovereigncare.net or by calling our corporate office Human Resources/Quality Assurance Director at 877-773-8767.
9. Provide at least two hours notice of any cancellation of assignment or accept responsibility for payment of two hours of service at the applicable rate for Per Diem shifts. Travelers should not be cancelled unless rescheduled within the same week. Minimum billing once THP has started to work a four (4) hour or greater assignment is 4 hours.
10. Timely and accurately approve THP’s time via Favorite’s Timecard Mobile App. THP will provide the shift information via mobile phone to the Client and Client will review, approve and sign on the THP’s mobile phone. Once a THP’s timecard has been approved it will be submitted to Sovereign Care Services® electronically and an email confirmation will be sent to the Supervisor if they choose to receive one. Weekly invoices will include a copy of the Supervisor’s signature along with the approval details for each shift. A copy of our Timecard Mobile App Instructions can be found on our website at https://sovereigncare.net/ for Client’s convenience and reference. If the Client requires the THP to provide additional information such as nursing notes, narratives, etc., the Client approval acknowledges the receipt of such additional information.
11. Remit payment for services directly to Sovereign Care Services® upon receipt of invoice, no later than 30 days. In the event the client questions any amounts invoiced, an explanation of any items in question must be received by Sovereign Care Services® Accounts Receivable department within 15 days. This notification must be made by one of the following means:
By telephone: (877) 773 -8767
By fax:
By e-mail: Nataya.Cook@sovereigncare.net
By U.S. mail to:
Sovereign Care Services ®
Attn.: Nataya Cook
PO Box 40713
Indianapolis, IN 46240
12. Pay interest equal to annual maximum allowable by state law, plus cost and disbursements, including reasonable attorney and/or collection fees, incurred in the collection of the client’s account in the event client fails to remit payment within 30 days from the invoice date.
13. To help offset the additional administrative and compliance costs attributable to the Affordable Care Act, an ACA surcharge will be applied at a minimal cost of $0.35 per hour for the total hours billed on each invoice as a separate line item for the services we provide to your facility. This minimal cost is to cover the expenses of compliance and avoid any concerns by our clients that they may be liable under co-employment laws. We are committed to being fully compliant with ACA to give our clients peace of mind. We feel the surcharge will make for ease of implementation
14. Flipping. During the term of this Agreement, if, and to the extent that, any THP whose profile is submitted by Sovereign Care Services® to Client and is working at Client’s facility for Favorite, Client agrees that it will not, and will cause its affiliates not to, interfere with the business of Sovereign Care Services® by inducing that candidate to become employed by any other party at Client’s facility (e.g. no "flipping").
15. These terms shall apply unless this right is specifically protected in accordance with state and/or local law. (In accordance with IN state law. Sovereign Care Services® will not, in any IN contract, with any IN employee or IN health care facility, require the payment of liquidated damages, employment fees, or other compensation should the employee be hired as a permanent employee of a health care facility. The following Direct Hire/Temp to Perm terms will apply for all allied personnel and/or personnel not providing “direct patient care”; excluding clinical RNs, LPNs, and CNAs in the State of IN)
16. THE FOLLOWING POLICY AND FEE SCHEDULE SHALL APPLY TO DIRECT HIRE PLACEMENTS: The direct hire fee shall be equal to the following percent of the candidate’s first year’s annualized salary for any candidate presented to Client by Sovereign Care Services® who accepts a position with any clinic, group, healthcare facility or organization owned, operated, or affiliated with Client whether or not in Client’s actual local community. Salary amount will be listed on the employment letter for the candidate. In the event Sovereign Care Services® submits a candidate that has been in Client’s database, but has not been contacted by Client within 45 days, the candidate is considered eligible to be presented through Favorite.
Position Level
Job Specification
Direct Hire Fees
Staff Position
Registered Nurse, Licensed Practical Nurse, Certified Nursing Assistant, Case Manager, Charge RN, Health Informatics
18%
Mid-Level
Nurse Practitioner, Physician Assistant, Department Manager/Director
20%
Executive Level
Director of Nursing, VP Operations and C-Level Healthcare Personnel
25%
Physicians
$20, 000
A. Client agrees to make payment to Sovereign Care Services® in the following manner:
i. Client will be invoiced upon confirmation of placement for each candidate.
ii. Full payment of the direct hire fee will be due to Sovereign Care Services® upon receipt of the invoice date.
B. Direct Hire Guarantee:
The Direct Hire Guarantee will apply if payment is received within ten (10) days of the date on the invoice. In the unlikely event that the client is unsatisfied with a candidate provided by Sovereign Care Services® prior to completion of ninety (90) days of the start date the client may choose to end the candidate’s employment. Sovereign Care Services® will work with Client to replace the candidate, or Client will be issued a credit on a replacement as follows:
0 – 30 days
75% credit
31 – 60 days
50% credit
61 – 90 days
25% credit
I. No replacement will be offered in the event of layoff, a substantial change in the original job description, or elimination of the position.
II. Credits may be used immediately or within twelve (12) months beginning at the termination date. A credit may be used for the original candidate search; any deviation from this will need to be approved in advance by Favorite.
III. Client will not directly hire a candidate from Sovereign Care Services® or another staffing agency for 12 months from when Sovereign Care Services® initially presented the candidate for hire. If the 12-month period is not honored, the full Direct Hire Fee’s associated above shall apply.
IV. If applicable, and if/when advanced practice services are requested (NPs and/or PAs), it is the responsibility of the CLIENT to have an executed copy of the Collaborative Agreement between the advanced practice personnel and the collaborating physician.
C. Temp-to-Perm Option:
A Temp-to-Perm position will include a temporary hourly bill rate and a reduced permanent placement (conversion) fee upon the successful completion of the temporary portion of the assignment based on the fee schedule as shown below. Full payment of the placement fee and invoices for services prior to conversion are due within 30 days of the Temporary Healthcare Professional’s start date as an ‘employee’ of the client. These terms shall apply unless this right is specifically protected in accordance with state and/or local law.
Hours Worked at Facility Through Favorite:
Permanent Placement Fee:
0-249
=
100% of Direct Hire Fee
250-579
=
75% of Direct Hire Fee
580-1079
=
50% of Direct Hire Fee
1080+
=
No Fee
