This form is a sample of an agreement between an elderly or disabled client and a Caregiver who operates as an independent contractor and provides personnel to assist Client to live at home and to have as much control over the home environment and life as possible under the circumstances. Caregiver's personnel also assist Client with the activities of daily living, scheduling medication, assistance with mobility, accompanying Client on errands and appointments, and such other services as agreed between Client and Caregiver.
In this agreement, Client waives damages for simple negligence of Caregiver, but not gross negligence or misconduct that is intentional or criminal in nature. Courts generally will not enforce waivers of this type of misconduct since such a waiver would be deemed to be against public policy because it would encourage dangerous and illegal behavior.
Personal Care Agreement Example In Massachusetts
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“The FLSA does not limit the number of hours per day or per week that employees aged 16 years and older can be required to work.”
Wage Increases Provided for in the New PCA Labor Agreement Effective July 1, 2019, the PCA wage rate will be $15.40 per hour. Effective July 1, 2020, the PCA wage rate will be $15.75 per hour. Effective July 1, 2021, the PCA wage rate will be $16.10 per hour.
Currently, Day/evening hours are authorized per week and can only be used between 6 a.m. and p.m. Night hours are authorized per night and can only be used between 12 a.m. and 6 a.m. Starting on August 27, 2023, MassHealth will authorize all PCA hours PER WEEK.
To apply for PCA services, you must contact a PCM agency. The agency will evaluate your need for PCA services and submit a prior-authorization request to MassHealth for you.
Are there any restrictions on who can be hired as a PCA? A person cannot be hired if he/she is the PCA Consumer-employer's spouse, parent/foster parent (if PCA Consumer-employer is a minor), or surrogate (legally responsible decision maker).
The number of hours one PCA can work providing MassHealth PCA services is limited to 50 hours each week unless you are approved to schedule that one PCA to work more than 50 hours each week. The 50 hour limit applies if the PCA works for you, or for you and other members.
To apply for PCA services, you must contact a PCM agency. The agency will evaluate your need for PCA services and submit a prior-authorization request to MassHealth for you.
How To Become A PCA: Skill & Education Requirements Obtain Necessary High School Diploma or Equivalent Education Level. Complete State-Approved Training Programs for Personal Care Aides. Acquire First Aid and CPR Certifications to Enhance Safety Skills. Develop Interpersonal Skills to Connect with Clients Effectively.
What is required to be a PCA in Massachusetts? Legally able to work in United States. Understand and carry out instructions of the PCA Consumer-employer. At least age 14.5 years old with working papers.