How to go about a private duty case so I am legally covered...

Specialties Private Duty

Published

Hey all....

I was looking for info or tips anyone might have for me.

I have been taking care of a client for about 8 months...I guess I am basically the primary nurse on the case, via an agency.

I carry my own ....

The parents would like to be able to go out once in awhile in the evenings for a few hours...and have asked if me and one other nurse could cover those hours on the side, and they will pay me out of pocket.

I'm not really worried about this....I know the patient well, all the emergency proceedures, ect.

I am wondering if their are any other steps I can or should take before saying yes.....

I would much rather find a more legitimate way to go about this then go under the table...

For instance...do I write a note? lol.

And where would I even put it?

Yea I really have no idea what legal issues are involved here if any....which is why i am asking on this forum.

Thanks!

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

First I would check with your agency to see if there is a "non compete" clause. If there is you could be in legal troubleSe and you will lose your job. Second, I would advise against this. She is paying you as a baby sitter but you will be held accountable as the nurse. She is seeking a cheaper alternative to increasing nursing hours. Your malpractice may not cover you because it is "under the table" at your place of employment. I would check with your agency and your malpractice first. Check out this thread.....

https://allnurses.com/private-duty-nursing/just-informed-mom-659287.html

A non-compete clause (often NCC), or covenant not to compete (CNC), is a term used in contract law under which one party (usually an employee) agrees not to pursue a similar profession or trade in competition against another party (usually the employer). As a contract provision, a CNC is bound by traditional contract requirements including the consideration doctrine. The use of such clauses is premised on the possibility that upon their termination or resignation, an employee might begin working for a competitor or starting a business, and gain competitive advantage by abusing confidential information about their former employer's operations or trade secrets, or sensitive information such as customer/client lists, business practices, upcoming products, and marketing plans. Non-compete clause - Wikipedia, the free encyclopedia

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This is simple. Don't do it. You would be held totally liable, and without recourse. And, as stated above, in direct competition with your employer.

Sorry, they need to go through the agency.

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Ok...thanks both valid points

For one thing...they have an agreement to recieve 16 hours from the agency...they would still recieve those 16 hours from the agency.

These would be extra above those 16.

Also..I thought that some people hire nurses on their own, free of an agency, and just pay them out of pocket?..

Grrr. Its frustrating....you cant leave this kid with anyone but a nurse...but I know their must be some way to help them with this that doesnt put me at risk.

But yes..one of my main concerns was getting in trouble at my job. Maybe I should just call the agency and they can just arrange it through them but at a reduced rate and the parents pay the agency directly.

I would have done it for them at like $10/hour.

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No, you cannot ever devalue yourself. NOT EVER. Or put your license or livelyhood at risk.

I am sorry that this is the situation. I worked for a long time for a family who had 16 hr coverage, as well, and that can be difficult.

They should apply for some respite hours.

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If you trust the clients implicitly, just go ahead and do it. However, be very aware of the problems you could be cooking up for yourself with your agency. One retort, used by my former supervisor who did this for years, "You can't tell me what I can or can not do on my time off". If you think that will fly, then go for it. In most cases, I would not do it. Too much worry and not enough payback to warrant the worry.

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We sometimes needed more than 16 hours when my hubby was deployed. Depending on what it was, the nursing agency either just threw in an extra hour or two or we would write a check to the agency for the extra hours. That way, we had nurses we loved, they didn't jeopardize their jobs and they were happy with the extra hours.

Perhaps the parents can do something similar with their agency so everyone is protected and happy.

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
Ok...thanks both valid points

For one thing...they have an agreement to receive 16 hours from the agency...they would still receive those 16 hours from the agency.

These would be extra above those 16.

Also..I thought that some people hire nurses on their own, free of an agency, and just pay them out of pocket?..

Grrr. Its frustrating....you cant leave this kid with anyone but a nurse...but I know their must be some way to help them with this that doesn't put me at risk.

But yes..one of my main concerns was getting in trouble at my job. Maybe I should just call the agency and they can just arrange it through them but at a reduced rate and the parents pay the agency directly.

I would have done it for them at like $10/hour.

Don't you think your agency would like the extra revenue? You better check to see if there is a non compete in the contract/policy signed by both you when you signed your employee handbook and the couple when they signed with the agency. Besides leaving you vulnerable to lawsuit and liability but being sued by your company and action for unethical behavior against your license.

If the child needs nursing care why not be paid as a nurse since that is what you will be liable for.......you also need to check with your malpractice carrier for they may not over you and if you don't have malpractice I suggest you to get some, it's the president thing to do and it's cheap

Proceed with extreme caution.:redlight:

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Meh. Well thanks for the info all.

They just got approved for some state paid respite hours. So that solves that issue.

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This happened to me. I called my agency. They gave me the approval to do so as long as I follow the rules; no more than 16 hrs per day and 8 hours off between shifts. The twist - I will be paid from the patients trust fund that is held by a 3rd party (not the family). Plus, my pay will be overtime based on my rate of pay from the agency. The trust fund administrator will require a copy of my work schedule from the agency. I'm working as a nurse, getting paid as a nurse. I have not worked any extra shifts because it is PRN. I just wanted to get things ironed out before I did something I could get fired for.

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I was recently put in a similar situation but I didn't think the risk on my license was worth it. At 10/hr you are working as a babysitter not a nurse. And although you trust this family, if something were to go wrong they will have their loved ones back over yours. Unfortunately i dont think many liability insurances cover under the table work.

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Hey all....I was looking for info or tips anyone might have for me.I have been taking care of a client for about 8 months...I guess I am basically the primary nurse on the case, via an agency.I carry my own liability insurance....The parents would like to be able to go out once in awhile in the evenings for a few hours...and have asked if me and one other nurse could cover those hours on the side, and they will pay me out of pocket.I'm not really worried about this....I know the patient well, all the emergency proceedures, ect.I am wondering if their are any other steps I can or should take before saying yes.....I would much rather find a more legitimate way to go about this then go under the table...For instance...do I write a note? lol.And where would I even put it?Yea I really have no idea what legal issues are involved here if any....which is why i am asking on this forum.Thanks!
Just make sure that your not in a violation of agency policy, and if you have already fulfilled hours under contract there is no problem.
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