Drafting General Terms and Conditions for Home Care

General Terms and Conditions for home care are the standard provisions that you, as a care provider, declare applicable to every care agreement with your client. They regulate the mutual rights and obligations: the care you provide, how the care plan is established, what the client pays, how the agreement is terminated, and how complaints are handled. You need them as soon as you provide nursing, care, or support to people in their homes on a structural basis, whether privately or under the Health Insurance Act (Zvw), the Long-Term Care Act (Wlz), the Social Support Act (Wmo), or via a personal budget (pgb).

For a home care organization, general terms and conditions are not a formality, but the foundation of every client relationship. They clarify in advance what the client may expect from you and what you expect from the client. Good terms and conditions prevent disputes regarding the scope of care, no-shows and cancellations, rates and personal contributions, and the termination of care. Moreover, because you work with a vulnerable target group and with personal medical data, strict legal frameworks apply that must be reflected in your terms and conditions.

A strong set of terms and conditions for home care includes, at a minimum, provisions regarding the establishment of the care agreement, the care plan, mutual obligations, payment and rates, liability, cancellation and termination, privacy, and the complaints and disputes procedure. The care plan deserves special attention in this regard: together with the client, you define in this plan what care is provided, for what purposes, and at what times. Many disputes regarding "too little" or "too much" care can be traced back to an unclear or outdated care plan.

In addition, you regulate practical matters that often go wrong in home care: accessibility and scheduling, handling keys and access to the home, the conditions for cancelling an appointment, and what happens in the event of illness or absence of a care provider. If you work with subcontractors or self-employed care providers, specify who enters into the agreement and who is responsible for what. The more concretely the provisions align with your actual working methods, the less room there is for conflict.

General terms and conditions are only binding if the client has actually received them before or at the time of concluding the agreement and has had a reasonable opportunity to review them (the so-called provision). Explicitly declare the terms applicable in the care agreement and ensure that the client receives them physically or digitally. A reference to "our terms on the website" is risky in a consumer relationship; actively provide them and have receipt confirmed.

Furthermore, you have a statutory duty to provide information. Pursuant to the Healthcare Quality, Complaints and Disputes Act (Wkkgz) and the treatment agreement under the WGBO (Book 7, Title 7, Section 5 of the Dutch Civil Code), you must inform the client in an understandable manner about the care, the possible consequences and risks, and about alternatives, so that the client can give consent (informed consent). Also clearly state in your terms and conditions which costs are to be borne by the client and what any personal contribution applies, so that no misunderstanding can arise regarding the financing.

The greatest risk lies in ambiguity regarding the scope and termination of care. If you do not establish a clear notice period, a client may leave unexpectedly or, conversely, expect you to continue care indefinitely. A one-month notice period is generally applied in the sector; explicitly define your own notice period and the grounds for (interim) termination, and bear in mind that you may not simply unilaterally discontinue care without a compelling reason and careful phasing out.

A second risk is liability. You work with vulnerable people in their own homes; damage, falls, or medication errors are a constant threat. A liability clause may limit liability, but in a consumer relationship, it may not be unreasonably burdensome and cannot exclude liability for injury caused by intent or conscious recklessness. An overly broad exemption clause is invalidated and, in that case, offers no protection at all. A third risk is privacy: you process special categories of personal data regarding health, for which strict requirements apply under the GDPR.

Because you process health data, your working methods must comply with the General Data Protection Regulation (GDPR). In your terms and conditions, refer to a privacy statement and, where you have data processed by third parties (for example, an EHR supplier), to the agreements you have established regarding this. Also regulate the right of access to the care file and the retention periods arising from the WGBO.

The Wkkgz obligates you to have an accessible complaints procedure with a complaints officer and affiliation with a recognized dispute resolution body. Include in your terms and conditions how a client can submit a complaint, within what timeframe you will respond, and to which dispute resolution body the client can turn after the internal procedure. A proper complaints and disputes section is not only legally required but also prevents dissatisfaction from escalating unnecessarily.

General terms and conditions for home care require careful attention: they must suit your care services and financing model, comply with the Wkkgz, the WGBO, and the GDPR, and hold up under consumer law. A standard template found online rarely covers your specific situation and frequently contains clauses that are voidable in a consumer relationship. You typically only discover the risk of unusable terms and conditions when it really matters: during a complaint, a dispute, or termination.

MKB Juristen drafts your customized general terms and conditions for home care, tailored to your organization, your target group, and the laws under which you provide care. Thanks to an upfront fixed price, you know exactly where you stand without any surprises afterwards. This lays a legally solid foundation for every care relationship, allowing you to focus on what truly matters: providing quality care in people's homes.