Rights and responsibilities
The framework conditions for independent caregiving
Independent caregivers are committed to working with others involved in the nursing and care and facilities for the benefit of the person requiring care. Furthermore, they are subject to a duty of confidentiality on all matters entrusted to them in performing their profession or that they become aware of.
The rights of independent caregivers
- The right to the contractually agreed payment for services provided
- The freedom to act independently of instructions
- The right to live in the apartment of the person requiring care (by contractual agreement)
A representative of an independent caregiver may only perform nursing activities if health care professionals have transferred these to the caregiver according to legal provisions - after appropriate training. In the guidelines, other contractual arrangements also may be made, such as how to proceed in the case of illness of the independent caregiver
(e.g. avoiding any direct contact with the person requiring care).
The obligations of independent caregivers
- Registering the profession of personal caregiver
- Provision of the contractually agreed services
- Compliance with the guidelines for everyday activities and for emergencies
- Obligation to cooperate with other care institutions or with people involved in providing care and support
- Obligation to run the housekeeping book
- Complying with professional ethics
- Avoiding risks
- Upon conclusion of the contract, the mandatory written form of the caregiving contract and the obligation to inform in accordance with the Consumer Protection Act in particular must be observed.
- Mandatory reporting
- Registration with the social security
- Tax and fee payments
- Membership in the Chamber of Commerce
With 24-hour care, replacement can only be by another independent caregiver and not by any employee of the care provider. Because salaried employees are always subject to the working time regulations in force. 24-hour care cannot in any event be carried out by employees of the caregivers. Nor may these employees carry out nursing activities.
Here are the most important conditions for delegating nursing and medical activities:
- The delegation of nursing and medical activities may only be carried out in individual cases.
- Nursing and medical activities may be performed only if the independent caregiver is constantly or at least regularly present in the household for prolonged periods.
- A maximum of three people who must be related to each other can be cared for per household.
- Written consent must be provided by the person requiring care or by a family member, or their agent or representative.
- There must be a written order by a medical professional relating to the defined activities.
- As part of the guidance and instruction, an explicit reference must be made to the possibility of the caregiver rejecting the assumption of these activities.
- The person who carries out the professional guidance or instruction must make sure that the caregiver has the necessary skills.
- Delegation of nursing and medical activities has a fixed-term. It ends at the latest when the provision of care ends.