Following an investigation it carried out in 2014 on facilities in two voivodships in the north of Poland, UOKiK has now called into question 61 percent of the standard agreements used by private nursing homes there. Further investigations are to be done throughout the country.

Private nursing homes provide service for disabled individuals, individuals with chronic diseases and the elderly, and operate parallel to public institutions while also performing some social services functions.

Poland’s Office of Competition and Consumer Protection (UOKiK) audited over 60 standard contracts 34 companies running nursing homes had concluded with consumers in the country’s Pomeranian and West Pomeranian voivodships. With nearly 61 percent raising concerns, UOKiK appealed to the undertakings to make changes to the contracts, and in most cases the provisions at issue were eliminated. The Authority intends this year to widen the scope of the audit to include the entire country. The following were the most serious irregularities found:

1. Reserving the right to terminate a contract with immediate effect

76.5% of the undertakings stipulated the possibility to terminate a contract with immediate effect if payment for care was delayed. Termination of a contract due to payment arrears should be preceded by a request for payment, the granting of additional time to pay and a warning as to the consequences of the failure to pay. However, in some of the cases the Authority reviewed, deterioration of a patient’s physical and mental health was put forward as sufficient reason to immediately terminate a contract. Such provisions are counter to good practices, particularly when they require the individual receiving care to almost immediately check out of the facility.

2. Not returning money for services not performed

71% of the undertakings reserved the right to keep payments paid in advance, including monthly payments for individuals who died while under care. Note that a care provider may not refuse to return money to a consumer or his or her heirs for services not rendered. Only an amount reflecting the value of services actually provided may be kept.

3. Unilateral changes made to the price of service

56% of undertakings anticipated the possibility of raising their charges (for example, when a resident’s health condition worsened). However, the law stipulates that changes to a contract require the consumer’s consent.

4. Disclaiming liability for personal injury

Nearly 24% of the nursing homes audited included provisions disclaiming their liability for residents’ falls and injuries occurring as a result of their own behaviour. However, consumers have the right to seek compensation for damages suffered. When the issue of guilt is not clear-cut, a court must rule, meaning it is illegal for an undertaking to disclaim liability for personal injury.

5. Disclaiming liability for personal belongings left in the nursing home

21% of the undertakings included provisions stating they were not liable for items including residents’ money, jewelry and family keepsakes. Nursing homes are required to ensure the safety of residents’ personal belongings.

6. Exorbitant fees

15% of the undertakings benefited excessively from charging additional fees when consumers failed to comply with conditions. The charges ran to as high as 300 zł (around 75 euro) per day. While the law does permit undertakings to charge additional fees, they should not be so excessive as to bolster profits at the expense of consumers.

Additional information for the media:

Press Office, UOKiK
Pl. Powstańców Warszawy 1, 00-950 Warsaw
Phone.: +48 22 827 28 92, +48 22 55 60 314, +48 22 55 60 430
E-mail: [SCODE]Yml1cm9wcmFzb3dlQHVva2lrLmdvdi5wbA==[ECODE]