Elder Care Services Partnership Agreement

What a good one includes

• A detailed scope of services that clearly delineates which partner handles medical care, daily living assistance, transportation, and administrative duties.
• A transparent financial structure outlining how client fees are collected, how revenue is split, and the schedule for payments.
• Mandatory compliance clauses requiring both parties to maintain active state licensing, certifications, and background checks for all assigned staff.
• An explicit liability and insurance clause that dictates who is responsible for incidents of client injury, elder abuse, or negligence and mandates adequate professional liability coverage.
• A strict confidentiality and HIPAA compliance section to safeguard sensitive client medical records and personal health information.
• A structured termination clause detailing how the partnership can be dissolved without disrupting ongoing care for active clients.

Common mistakes to avoid

• Failing to specify which partner is responsible for the hiring, training, and employment taxes of the caregivers, which leads to messy co-employment disputes.
• Omitting a clear protocol for medical emergencies, leaving caregivers confused about chain of command and liability during a critical health crisis.
• Neglecting to include a non-solicitation clause, which can result in one partner poaching the other's caregivers or clients after the contract ends.
• Failing to align on emergency coverage plans, leaving vulnerable seniors without scheduled care if a caregiver calls in sick.

Frequently asked questions