Terms of service
These terms describe the operating relationship between Fain's Private Duty Home Care and a family who has engaged FAINS for private duty care. The full service agreement is a longer document signed at case start; this page summarizes the working provisions in plain language.
The operating relationship
Fain's Private Duty Home Care LLC, a New Jersey home care agency, delivers private duty care in the home under a plan of care authored by a Registered Nurse Supervisor of record. Care is delivered by Certified Home Health Aides, Licensed Practical Nurses, or Registered Nurses employed by FAINS and credentialed against the New Jersey Board of Nursing registry.
The engagement begins when the family signs the service agreement at case start. It continues week by week on a Monday-through-Sunday cycle, with no fixed end date and no minimum term. Either the family or FAINS can end the case at any time with the notice provisions described below.
Rate transparency
Every rate is published on the pricing page in dollars. The rate on the pricing page is the rate on the service agreement is the rate on the invoice. There are no coordination fees, intake fees, assessment fees, or care management fees layered on top of the published rate. RN Supervisor case management is bundled into the base rate.
Rate changes are announced with 60 days written notice to every active client. The rate on the day you signed is honored on the invoice until the effective date of the announced change. Mid-cycle rate changes for case-specific reasons (for example, an acuity escalation that moves the case from CHHA tier to LPN tier) are called first by the RN Supervisor and agreed to in writing before appearing on any invoice.
Weekly invoicing
Invoices arrive by 11 AM Eastern each Monday for the prior Monday-through-Sunday week of service. Each shift appears as a distinct line with caregiver name, date, clock-in time, clock-out time, minutes worked, rate tier, and hourly rate. Mileage, if billed, is a distinct line with mile count shown. A card surcharge of 3 percent, if applicable, is a distinct line at the bottom. ACH bank draft is free.
Invoices are due on receipt. Payments not received within 15 days trigger a courtesy call from the billing coordinator. Payments not received within 30 days may trigger a pause on the case pending reconciliation, arranged with 48 hours notice to the family.
Four-hour minimum shift
Every shift is a minimum of four hours. Sub-four-hour service needs do not fit our operating model and we refer them to a fit-for-purpose provider. This is a published operational choice, not a hidden minimum. Longer shift structures (six, eight, twelve, twenty-four hour) are available and priced on the pricing page.
Twenty-four hour cancellation window
Cancellations with more than 24 hours notice are not billed. Cancellations with less than 24 hours notice are billed at the four-hour minimum for the cancelled shift, listed as a distinct cancellation line on the invoice with the date and the notice window recorded. The window applies both ways: if a caregiver cannot make a shift, the RN Supervisor calls the family personally before the shift and dispatches covering coverage from the on-call roster. Missed shifts on the FAINS side are credited on the next invoice.
The chemistry-match swap
The first week of any assignment is a mutual working trial. If the caregiver-family fit is wrong at the end of the first week, the caregiver is swapped at no cost, no notice-period penalty, and no cancellation charge. The RN Supervisor manages the transition and the human matcher presents a second candidate within two to five business days depending on county availability. This swap provision is available once per assignment for the first-week window; subsequent caregiver changes follow the standard notice process described in the full service agreement.
What FAINS guarantees
FAINS guarantees the following operating commitments:
- Every case has a Registered Nurse Supervisor of record who authors the plan of care and remains the family's clinical point of contact
- Every caregiver is verified against the NJ Board of Nursing registry before the first shift and re-verified monthly
- Every invoice matches the shift log to the minute and contains no undisclosed fees
- Every rate change is announced with 60 days written notice
- Every missed shift on the FAINS side is credited on the next invoice
- Every complaint is heard, documented, and responded to on a business-day cadence, with escalation to Irina Fain available at fain@fainscare.com
What FAINS does not guarantee
FAINS does not guarantee clinical outcomes. Private duty home care supports the client's daily living, safety, and comfort; it does not treat, cure, or reverse the underlying conditions that made the care necessary. Recovery from surgery, progression of a chronic condition, and the arc of a terminal illness follow their own trajectories, and the caregiver's role is to support the client through those trajectories under the RN Supervisor's plan of care.
FAINS does not guarantee caregiver continuity through every unforeseen event. Caregivers get sick, move, change availability, or leave the profession. The RN Supervisor dispatches covering coverage from the on-call roster and works to restore the primary assignment as soon as feasible. Continuity is a working goal, not a contractual guarantee.
FAINS does not guarantee acceptance of every case. Cases outside our service-area counties, cases requiring a clinical scope beyond what our credentialed roster can safely deliver, and cases whose payer structure is Medicaid or Medicare are declined on the intake call with a referral to a fit-for-purpose provider by name.
Private pay and private insurance only
FAINS serves private pay families and families with private long-term care insurance policies exclusively. We do not participate in Medicaid or Medicare. This is a firm operating rule, not a case-by-case decision. See the private pay and private insurance pillar for the reasoning.
Dispute resolution
Disputes about a specific invoice line should be raised in writing (email is fine) within 30 days of the invoice date. The RN Supervisor pulls the shift log, compares it to the invoice line, and responds within three business days. If the invoice was wrong, the correction is issued as a credit on the next invoice. If the invoice was right, the reasoning is walked through in specific terms. Disputes do not delay the undisputed portion of the invoice.
Disputes about the care delivered (a caregiver interaction, a plan-of-care question, an acuity concern) should be raised with the RN Supervisor as soon as they surface. If the RN Supervisor's response does not resolve the concern, escalate to Irina Fain at fain@fainscare.com. Escalations are addressed within 10 business days with a written summary of the finding and the corrective action, if any.
Disputes that cannot be resolved through the internal escalation path may be brought to the New Jersey Division of Consumer Affairs or the New Jersey Department of Health, as appropriate to the nature of the concern.
Case close
Cases end when the family gives notice, when the client's needs change beyond what FAINS can safely deliver, when FAINS gives notice for cause (nonpayment beyond the reconciliation window, safety concerns for the caregiver in the home, breach of the service agreement), or when the client passes.
The RN Supervisor manages the case-close conversation. The final invoice is issued for the last week of service. The one-week deposit is applied against the final invoice, and any remaining deposit balance is refunded to the payment method on file within seven business days.
Amendments
These terms are periodically updated. The current version lives at this URL with the effective date noted. Material changes are communicated to active clients in advance of the effective date. The full service agreement, which is the binding legal document, is amended only by written consent of both parties.
Governing law and jurisdiction
The service agreement is governed by the laws of the State of New Jersey. Any legal dispute arising from the service agreement is subject to the jurisdiction of the state and federal courts located in New Jersey.
Contact
- Phone: (908) 460-8886
- Email: fain@fainscare.com
- Mail: Fain's Private Duty Home Care LLC, Mount Olive, Morris County, NJ
The framework close
The service agreement is the working contract behind The Fain Standard. Every provision above is the legal expression of a pillar: RN supervision, license verification, four-hour minimum, weekly transparent invoicing, chemistry-matched swap, 24-hour cancellation, and private-pay-only payer structure. The pillars are the promise; these terms are how the promise operates.
Effective date: 2026