The trial period was clarified for the first time, and the model text of the service contract of shenzhen’s first old-age care institution was released

2022-07-01 0 By

For the first time, the trial period will be calculated according to the actual number of days of stay. If the period is less than one day, it will be calculated as one day, and in principle, it will not exceed 15 days……On February 24, Shenzhen issued the Model Text of Shenzhen Pension Service Contract (hereinafter referred to as the “Model text”), which is the first model text of shenzhen pension service contract. It clearly stipulates the whole process of pension service, and will be officially implemented on March 1, 2022.The principle of trial period shall not exceed 15 days. There are 13 articles in the Model text, and the contract is used for signing pension service contracts between shenzhen pension institutions and the elderly residents and guarantors (or guardians, emergency contacts).The consumer may use the contract or make the contract by himself with reference to the contract.The Model text clarifies the relationship of rights and obligations between pension institutions and the elderly residents and their guarantors, the contents of pension services and the measures to guarantee the funds charged, and makes detailed agreements on the liabilities for breach of contract, refund clauses and dispute settlement of both parties.For example, in order to fully protect the legitimate rights and interests of the elderly and prevent and reduce disputes caused by information asymmetry or impulse consumption, the Model Text specifies for the first time the trial stay period. The trial stay period is included in the charging standard. The fees are settled according to the actual number of days of stay.In case of inadaptability to the living environment or management mode during the first trial period, the contract may be unilaterally terminated without liability for breach of contract.For the charges that are most likely to cause disputes, the Model text makes it clear that the adjustment of charge standards should comply with the relevant provisions of the state and Shenzhen price management.When the market prices of food, materials, labor and so on change significantly, resulting in a sharp rise in the cost of the pension institution (the variation of a single price exceeds 10%), the pension institution has the right to adjust the charging standard appropriately.However, at the same time, the notice of price adjustment shall be notified to the consumer in written form 30 days before the price adjustment, and shall be reported to the local civil affairs department for the record.Endowment institutions for the elderly for the major issues of the contract shall fulfill the duty tips, shenzhen demonstrative text is according to our country the civil code and the old rights protection, pension agency management law of the relevant laws, regulations and policies, drafting process fully solicit the expert opinion, pension institutions, contract format terms and comment publicly to the society.Clear demonstrative text, pension institutions to ensure that personnel engaged in medical treatment, rehabilitation, fire services such as the corresponding professional technical level certificates issued by the relevant departments of the work, guarantee the old-age nursing staff professional skills training, and regularly organize professional ethics education and business training for the staff, able to meet the requirements of responsibility.In order to improve the service quality of shenzhen nursing home and provide a better living environment for the elderly, the Model text proposes that nursing home should provide emotional counseling, psychological counseling, crisis intervention and other spiritual comfort services for the elderly as needed.Cultural, educational, sports and recreational activities suitable for the elderly should be developed to enrich their spiritual and cultural life.When carrying out cultural, educational, sports and recreational activities, institutions for the elderly shall provide necessary safety and protection measures for the elderly.At the same time, in view of the particularity of pension services, the Model text gives a reminder that pension institutions should do their duty to prompt the elderly and their family members or their guarantors (or guardians, emergency contacts) on major contractual matters.The elderly and their family members or guarantors (or guardians, emergency contacts) should carefully sign the contract, pay attention to check the business qualifications of the pension institution, and carefully read the terms of the contract before signing the contract, especially the selective, supplementary and modified contents, to guard against potential risks.”Contract + attachment” generate “demonstrative text” by “service file” article 13 contract and 7 enclosures, contract covering location and facilities, service content, service fees and charges of payment, the contract term and processing and so on, further maintaining the pension service agencies and the elderly, the family as the legitimate rights and interests.The attachment further clarifies check-in registration form, item description of physical examination report, service items and fee standard, list of equipment and facilities, notice for nursing home check-in, etc. Together with the contract, it becomes a detailed “service file” for the resident.It is worth mentioning that Annex 5 “Nursing Levels and Service Items” divides the nursing levels of the elderly into self-care, semi-care, full care, special care and specially-assigned care. Nursing institutions should determine the nursing levels of the elderly according to the physical examination report provided by the elderly and the evaluation of their nursing levels.The relevant person in charge of shenzhen Market Supervision Administration introduced that the formulation and implementation of the “model text” is conducive to enhancing the legal awareness of social contracts, guiding and regulating the behavior of contract signing and performance, and avoiding unfair and illegal clauses due to the lack of money in the contract and the parties’ untrue and inaccurate expression of intention.At the same time, this model is conducive to strengthening the supervision of the service behavior of pension institutions, is conducive to protecting the legitimate rights and interests of the parties, correction of unfair standard terms, reduce contract disputes.Zhang Xiujuan Southern Media Group Southern + client source: Southern + – Create more value