Independent Contractor Agreement

(herein “Caregiver”) hereby agree as follows:

1. Caregiver is a duly licensed [Certified Nursing] [Home health] Aide pursuant to Florida statutes, Chapter 464, who requests to be registered with Care & Beyond for the purpose of receiving referrals from individuals or organizations that need home care services as defined and authorized under Chapter 464, F.S.

2. Care & Beyond will register Caregiver and will perform the following services:

Supply a Policy and Procedures Booklet, the terms of which are hereby incorporated herein and made a part of this Agreement.

Refer to Caregiver appropriate requests for home care services when an individual or organization contacts Care & Beyond for nursing care. Caregiver will choose whether to accept the referral or decline it.

Collect the payment for services on Caregiver’s behalf, maintain said funds in a general escrow account, and pay Caregiver for services provided each week. For the purposes of these payments the cut-off for calculation of the amount to be paid is seven (7) days prior to the date of payment. Payment rates shall be as stated in the attached schedule, which may be revised, from time to time, subject to the agreement of both parties.

3. Caregiver agrees to:

Abide by the terms and provisions in the Nurse Registry Licensure law, Chapter 400.506, F.S.

• Assisting the client to maintain personal hygiene.
• Assisting the client with ambulation and exercise as appropriate
• Assisting with ADL's
• Planning and preparing meals.
• Maintaining a healthy, and safe environment Reporting to the supervisor any change in the client's mental or physical condition or in the home situation
• Documenting clinical notes
• Perform certain treatments when ordered and approved by the physician, instructed and supervised by the nurse.

Not solicit for Caregiver’s services any patient or client to whom Caregiver is referred by Care & Beyond until ninety (90) days has passed since the termination of Caregiver’s services to the patient or client. In the event Caregiver violates this non-solicitation clause, both parties hereby agree that Caregiver shall pay the sum of five thousand dollars ($5,000) to Care & Beyond as liquidated damages for each violation.

Execute a Business Associate Contract if required under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

When services are to be terminated the patient or client shall be notified of the date of termination and the reason for termination, and these shall be documented in the patient or client's record.

4. Both parties understand and agree that Caregiver is an independent contractor and is solely responsible for Caregiver’s federal tax obligations, including any required payments for self-employment estimated taxes; and any required or desired insurance coverages. Care & Beyond does not provide fringe benefits to independent contractors. Care & Beyond shall issue Caregiver an IRS form 1099 each calendar year.

5. Both parties agree to comply with federal and state civil rights requirements and not unlawfully discriminate because of race, color, religion, sex, national origin, age, handicap, or marital status.

6. This initial term of this Agreement is for one year from the effective date written below and this Agreement shall automatically renew for successive one-year terms, until terminated by either party. Either party may terminate this Agreement by giving the other party thirty (30) days written notice of intent to terminate. This Agreement is subject to immediate termination if Caregiver fails to maintain a current Florida Caregiver’s license in good standing. Both parties specifically agree that any outstanding ninety-day period for non-solicitation, described in section 3 above, shall survey the effective termination date of this Agreement and remain in full force and effect until the ninety-day period(s) has expired.

7. This is the entire written Agreement between the parties and any amendments shall be in writing and signed by both parties before becoming effective. If any clause is found to be unlawful all other clauses shall remain in full force and effect.