STANDARD TERMS AND CONDITIONS OF SERVICE
STANDARD TERMS AND CONDITIONS OF SERVICE
This document describes the standard terms and conditions for the provision of services by A.R.A. Inc.Medical Staffing Solution to its clients. In the event any of these terms and conditions conflict with other arrangements agreed upon in writing or stated in a A.R.A. Inc.Medical Staffing Solution 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 www.arastaffingsolution.com public website and can be found by going to “MENU”, “CLIENT SERVICES”.
- THP is a temporary healthcare professional working as an employee of A.R.A Inc. Medical Solution on assignment at Client.
Per Diem THP is any THP not regarded as a Traveler under this agreement.
- Traveler is any THP provided by A.R.A. Inc. Medical Staffing Solution for whom a Confirmation of terms of an assignment of not less than 3 weeks in duration has been made by Client.
- Confirmation is the Client’s written acceptance of a particular Traveler to fill a specific Client need.
The Responsibilities of A.R.A Inc.Medical Staffing Solution:
It is A.R.A. Inc. Medical Staffing Solution’s responsibility to:
Provide services in conformance with all Joint Commission standards applicable to Health Care Staffing Services.
Provide service coordinator staff on a 24 hour per day, 365 day per year basis to receive and process service requests and changes.
Match client service requests with Temporary Healthcare Personnel (THPs) who are properly screened and qualified in accordance with our standard hiring practices.
Provide clients, upon request, with documentation of the skills and qualifications of assigned personnel, either via email or facsimile.
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.
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 workers compensation insurance, payroll excise taxes, etc.).
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.
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.
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 A.R.A. Inc. Medical Staffing Solution within 24 hours of when an incident occurs. Upon notification,A.R.A. Inc. Medical Staffing Solution will then implements incident tracking/resolution processes and communicate with the client as needed.) Client may be required to provide written documentation to A.R.A. Inc. Medical Staffing Solution to facilitate the investigation and potential corrective actions of incidents. Depending on the severity of the incident; A.R.A. Inc. Medical Staffing Solution will also have our Risk Oversight Committee review and make recommendations.
Maintain general liability insurance and professional liability insurance with limits equal to or greater than $1,000,000 per occurrence and $6,000,000 aggregate. Maintain workers compensation in the amounts mandated by law in the state or states in which services are being performed. A.R.A. Inc. Medical Staffing Solution, will provide certificates of insurance on request.
May use subcontractors in the usual course of providing staffing services.
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.
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.
The Roles/Responsibilities of Client:
Make final determination of the suitability of THP documented competencies and experience as presented by A.R.A. Inc. Medical Staffing Solution for the designated assignment.
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).
Manage A.R.A. Inc Medical Staffing Solution’ THPs consistent with their own policies and procedures and address any incident consistent with those policies and procedures. Promptly notify (within 24 hours) A.R.A. Inc. Staffing Solution 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.
Recognize A.R.A. Inc. Medical Staffing Solution’ 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.
Assist A.R.A. Inc. Medical Staffing Solution with the periodic evaluation (no less than annually) of THP job performance. Travelers will be evaluated after each assignment.
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.
Promptly notify (within 24 hours) A.R.A. Inc. Medical Staffing Solution 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 A.R.A. Inc. Medical Staffing Solution for actual time worked by the THP
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 www.arastaffingsolution.com for instructions on how to submit a grievance to A.R.A. Inc. Medical Staffing Solution. Client may submit a grievance in writing to the corporate office by mail or by email to client [email protected] or by calling our corporate office Human Resources/Quality Assurance Director at 904-490-6525.
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.
Timely and accurately approve THP’s time via A.R.A. Inc’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 time card has been approved it will be submitted to A.R.A. Inc. Medical Staffing Solution 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. 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.
Remit payment for services directly to A.R.A. Inc. Medical Staffing Solution 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 A.R.A. Inc. Medical Staffing Solution’ Accounts Receivable department within 15 days. This notification must be made Office: (904) 490-6525 Mail Address: A.R.A. Inc. Medical Staffing Solution 1301 RiverPlace Blvd Jacksonville, Florida 32207 Fax (904) 490-6526 Email : [email protected]
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.
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 $0.37 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 with the least amount of complication. Our goal is that the surcharge will have minimal impact on your facility.
Flipping. During the term of this Agreement, if, and to the extent that, any THP whose profile is submitted by A.R.A. Inc. Medical Staffing Solution to Client and is working at Client’s facility for A.R.A. Inc. Medical Staffing Solution, Client agrees that it will not, and will cause its affiliates not to, interfere with the business of A.R.A Inc. Medical Staffing Solution by inducing that candidate to become employed by any other party at Client’s facility (e.g. no "flipping").
(In accordance with the FL Statute 144A.72 A.R.A, Inc. Medical Staffing Solution will not, in any FL contract, with any FL employee or FL 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 healthcare 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 Florida)
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 A.R.A. Inc. Medical Staffing Solution 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 A.R.A. Inc. Medical Staffing Solution 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 A.R.A. Inc. Medical Staffing Solution.
Registered Nurse, Licensed Practical Nurse, Certified Nursing Assistant, Case Manager, Charge RN, Health Informatics
Nurse Practitioner, Physician Assistant, Department Manager/Director
Director of Nursing, VP Operations and C-Level Healthcare Personnel
Client agrees to make payment to A.R.A.Inc. Medical Staffing Solution in the following manner:
- Client will be invoiced upon confirmation of placement for each candidate.
- Full payment of the direct hire fee will be due to A.R.A.Inc. Medical Staffing Solution upon receipt of the invoice date.
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 A.R.A.Inc. Medical Staffing Solution prior to completion of ninety (90) days of the start date the client may choose to end the candidate’s employment. A.R.A.Inc. Medical Staffing Solution will work with Client to replace the candidate, or client will be issued a credit on a replacement as follows:
End Days Work
- No replacement will be offered in the event of layoff, a substantial change in the original job description, or elimination of the position.
- 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 A.R.A Inc. Medical Staffing Solution.
- Client will not directly hire a candidate from A.R.A Inc. Medical Staffing Solution. or another staffing agency for 12 months from when A.R.A Inc. Medical Staffing Solution. initially presented the candidate for hire. If the 12-month period is not honored, the full Direct Hire Fees associated above shall apply.
- 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.
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.
Total hours worked at the facility through A.R.A. Inc. Medical Staffing Solution.
Permanent Placement Fee
100% of direct hire fee
75% of direct hire fee
50% of direct hire fee
25% of direct hire fee