Tyoterveyshuollon Palvelusopimus 20-499 Eng

Tyoterveyshuollon Palvelusopimus 20-499 Eng

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SERVICE AGREEMENT

Customer's name

Adress

Postal code and name

Agreement No.:Date

Agreement on Occupational Healthcare Servicessmall and medium sized companies

1. Contracting parties

The contracting parties Suomen Terveystalo Oy (1093863-3), (hereinafter Terveystalo) and Company , business ID (hereinafter Customer Company or Customer Companies) have agreed on the occupational healthcare arrangements described below.

Customer´s contact person
Customer´s tel. number
Customer´s e-mail
Terveystalo´s contact person / , head of unit, tel. 030 63311
Main Terveystalo unit, customer’s suggestion
Company has activity in several locations in Finland / National agreement, coordinating service,
see app. 4
Other Terveystalo units, customer’s suggestion:

2. Service level

Preventive and statutory services and medical care by a general practitioner, as mentioned in appendix 3 either

entrepreneur SME-company’s Extensive level

SME-company Extensive level or

Basic level plus a specialist consultation in medical services

3. Validity of the Agreement and payment terms

This Agreement shall enter into force on dd.mm.year.( Terveystalo fills in) This Agreement shall be valid until further notice, with a mutual period of notice of three (3) months. This Agreement shall be terminated in writing to address:

Terveystalo. Laskutuspalvelut, Ratapihantie 11, 00520 Helsinki

The charges shall be determined on the basis of Terveystalo’s price list and General Terms

and Conditions of Agreement (Appendix 2) valid at the time.

The term of payment is 14 days of the date of the invoice

Terveystalo’s General Terms and Conditions of Agreement Terms of agreement agreed (company decision

4. Signatures

This Agreement has been drawn up and signed in two identical copies, one for each

Contracting Party.

Placedate / Placedate
Name of the customer company / Suomen Terveystalo Oy
______
Printed name and position / ______
Printed name and position

APPENDICES: Appendix 1,contact-, invoicing-, insurance information and benefits of the agreement

Appendix 2, Terveystalo’s General Terms and Conditions of Agreement,

Appendix 3, Additional Information ( filled if needed),

Appendix 4, service level

App. 1 contact information Agreement No.:

CONTACT, INVOICING, INSURANCEINFORMATION AND BENEFITS TO THE AGREEMENT

Invoicing address / Same as on page1
Other, what
OVT ID
Operator
Visiting address / Same as on page1
Other, what
Contact person for invoicing and tel. number
Personnel included in the agreement / Qty of personnel
The entrepreneur will also use the services mentioned in this agreement and has included an announced number of personnel.
entrepreneur, with YEL insurance, no personnel
qty of entrepreneurs
Accounting period / Calendar year Other, what? -
Industry / Name
Number (Terveystalo fills in)

Insurances

Accident insurance company:

name of the insurance company and the number

Pension insurance company :

name of the insurance company and the number

Medical expenses insurance:

(if in use) yes no

name of the insurance company and the number

Benefits to the agreement

  • Visit-specific office/clinic fee
  • Reports required for applying occupational healthcare reimbursement from KELA
  • Electronic reception of personal or employment data and maintenance of customer data in the patient management database

App. 2 General Terms and Conditions of Agreement

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Scope of application

1.These General Terms and Conditions shall be applied to all services and offers which Suomen Terveystalo Oy and companies belonging to the same group (hereinafter Suomen Terveystalo Oy) provide to Customers.

2.These General Terms and Conditions shall be applied unless otherwise agreed between the Customer and Suomen Terveystalo Oy.

3.By signing a Service Agreement the Customer and Suomen Terveystalo Oy agree to comply with the above terms.

Services

4.By signing a Service Agreement the Customer places an order with Suomen Terveystalo Oy for services related to the locations specified in the Agreement an its Appendices, and Suomen Terveystalo Oy agrees to provide the Customer with these services. Services based on a Service Agreement with Suomen Terveystalo Oy shall be hereinafter referred to as Services.

5.Suomen Terveystalo Oy shall be entitled to use subcontractors for the execution of its obligations.

6.Any information provided in Suomen Terveystalo Oy’s brochures, price lists or other material shall be binding only where separately referred to in an offer or an Agreement. An offer provided by Suomen Terveystalo Oy, as well as a Service Agreement and its appendices are confidential and shall be governed by the provisions in items 29 and 30.

Information concerning the Customer’s organizationand personnel

7.The Customer is responsible for ensuring that Suomen Terveystalo Oy has access to up-to-date information concerning the Customer’s organization and personnel at all times, including updated contact information. Suomen Terveystalo Oy shall not be liable for invoicing or statistical errors that are based on information provided or withheld by the Customer.

This Agreement shall be extended to cover the Customer Company’s new units (with the same business ID), if any, or, if the Agreement is made with a group, the Customer’s subsidiaries, as reported by the Customer, provided that:

Terveystalo operates at the location either directly or through a partner, the parties have jointly agreed

on the inclusion of the new unit, the Customer Company has provided Terveystalo with electronic

personnel information as instructed by Terveystalo, and Terveystalo has the required service capacity.

Any changes to the organization shall be notified to Suomen Terveystalo Oy’s Customer Information Group. Changes will be incorporated in invoicing following the month in which the notification was made.

Changes to customer reporting due to significant changes in the Customer’s organization structure shall be carried out as a joint cooperation project. Changes in reporting due to reorganization shall become effective as agreed in the project.

In the future, developments to occupational healthcare reporting, the pricing basis and other changes shall be agreed on in connection with action plan negotiations. Where the Customer Company requests changes that require modifications to the information system, such as changes to the number of reports or different reporting levels, the parties shall agree on compensation payable to Terveystalo separately in each case. Correspondingly, Terveystalo shall inform the Customer Company within a reasonable period of time of any modification to be made the reporting system that are likely to cause significant changes to the Customer Company’s information technology systems.

The Customer shall notify Suomen Terveystalo Oy of any changes to those entitled to use the Services by informing Suomen Terveystalo’s responsible occupational healthcare unit or electronically, as instructed by Suomen Terveystalo Oy.

8.The Customer shall be responsible for ensuring that its personnel are aware of the content of the Service Agreement and for providing its personnel with instructions concerning the use of the Services.

9.If there are errors in the content of the Agreement or its appendices or the information on which they are based, or if there are changes to this information, the party detecting the error must inform the other without delay.

Service initiation, validity of Agreement and Termination of Agreement

10.The Services shall be initiated at the time when the Agreement becomes effective, unless this is not possible due to force majeure conditions or reasons attributable to the Customer.

11.The Agreement shall become effective when the parties have signed the Service Agreement. Suomen Terveystalo Oy shall nevertheless not be bound by the Agreement until the Customer has provided Suomen Terveystalo Oy with the information required for service initiation. Agreements made until further notice may be terminated with a period of notice of six (6) months, and Agreements made for a fixed period at a time six (6) months before the start of a new period, unless otherwise agreed by the parties in writing.

12.Despite the agreed periods of validity and notice, Suomen Terveystalo Oy shall have the right to discontinue or terminate the Services at its discretion, and, in connection with service termination, cancel the Agreement, provided that: a) the Customer’s payment to Suomen Terveystalo Oy is delayed for more than thirty (30) days, b) the Customer is otherwise in material breach of the Service Agreement, the related terms and conditions or the regulations, orders or recommendations provided by law or public authorities, or c) the Customer is declared bankrupt or initiates corporate restructuring arrangements; in cases a)–b) Suomen Terveystalo Oy shall nevertheless only be entitled to cancel the Agreement if the Customer fails to rectify the situation within fourteen (14) days of receiving written notification from Suomen Terveystalo Oy.

13.Where Suomen Terveystalo Oy cancels the Agreement for any of the reasons specified above in item 12, or the Agreement is terminated under the clause concerning termination of the Agreement with notice the Customer shall be liable to pay to Suomen Terveystalo Oy any payments outstanding under the Agreement, including Service invoiced by any member of Suomen Terveystalo Oy’s subcontractor network.

Payment basis and invoicing

14.The payment basis is agreed on in the Service Agreement. Unless otherwise agreed, Suomen Terveystalo Oy shall invoice any additional service according to its standard practice.

Where the Customer Company requests changes that require modifications to the information system, such as changes to the number of invoices or different invoicing groups, the parties shall agree on compensation payable to Terveystalo separately in each case. Correspondingly, Terveystalo shall inform the Customer Company within a reasonable period of time of any modifications to be made to the invoicing system that are likely to cause changes to the Customer Company’s information technology systems.

15.Invoices shall be payable by the due date shown on the invoice. In the event of delayed payments, the Customer shall be liable to pay a penalty interest according to the Interests Act as well as the collection expenses.

16.Unless otherwise agreed, the number of employees on which the general payment is based shall be the number of personnel, as known to Terveystalo, on the last date of the month preceding the month on which the general payment is invoiced as agreed.

17.In the case of occupational accidents, Terveystalo shall invoice the insurance company specified by the Customer for the cost of treatment, provided that the Customer’s employee presents a certificate of insurance at the time of treatment or the Customer’s representative delivers such a certificate to the Suomen Terveystalo Oy unit in question no later than on the third day after the first treatment visit. Otherwise Terveystalo shall invoice the Customer for the expenses incurred due to the treatment of occupational accidents as medical care.

If the insurance company rejects a case involving an occupational accident, either wholly or in part, Terveystalo shall invoice the Customer for the cost of treatment for the accident in question insofar as the cost is not paid by the insurance company.

18.Under the Agreement, Terveystalo may invoice a sickness fund specified by the Customer, or, under the Customer’s medical expenses insurance, an insurance company for a share of the Services, provided that the Customer provides Suomen Terveystalo Oy with information concerning the operating principles of the sickness fund or the terms of the medical expenses insurance.

If the sickness fund or the insurance company rejects such a case involving an occupational accident, either wholly or in part, Terveystalo shall invoice the Customer for the cost of treatment for the accident in question insofar as the cost is not paid by the above third party.

19.Suomen Terveystalo Oy shall invoice the Customer for any no-show appointments made by the Customer’s personnel according to the valid price list.

20.The Customer shall present any complaints concerning the invoice within eight (8) days of the date of invoice.

21.The payments specified in the Service Agreement include indirect taxes and other regulatory fees valid on the date of signature as they are presented in the Service Agreement. In the event of changes to the amounts or the grounds for the charges, either due to legislative amendments or changes in taxation practice, the fees shall be adjusted to comply with the said changes without delay.

Changes to price or the grounds for the payments

22.Suomen Terveystalo Oy shall be entitled to revise its price lists and adjust the fees collected for a Service. Terveystalo shall inform the Customer of any increases to the payments in writing no later than thirty (30) days in advance. The Customer shall be entitled to terminate the Service Agreement in writing within fifteen (15) days of receiving notice of the change, in which case the Service Agreement shall be terminated on the date on which the change enters into force.

Settlement of disputes and applicable law

23.The Service Agreement shall be governed by the laws of Finland.

24.The parties shall endeavor to settle any disputes arising from the Agreement or its appendices by negotiation. Any disputes which the parties are unable to resolve through negotiation shall be settled either at the Helsinki District Court or the court of first instance of the defendant’s domicile, as determined by the defendant.

Confidentiality, handling of patient data, informationsecurity and use of customer information

25.Suomen Terveystalo Oy and its personnel are subject to a non-disclosure obligation concerning patient documents, based on the Act on the Status and Rights of Patients. Suomen Terveystalo Oy may only disclose patient record information as required by this Act. Secondarily, personal information is processed according to the Personal Data Act.

26.Patient documents are compiled and stored as provided in the Act on the Status and Rights of Patients and the Ministry of Social Affairs and Health Decree on the drawing up of patient documents and retention of them and other material related to care.

27.The Customer is responsible for the ensuring that any patient data or other personal data provided by Suomen Terveystalo Oy under the above legislation will be processed according to law in the Customer’s organization.

28.In electronic invoicing, Suomen Terveystalo Oy shall be responsible for the information security of the invoice transfer until the information delivery interface provided by the invoicing operator. The Customer shall be responsible for the information security associated with the data transfer from this interface to the Customer’s environment.

29.The parties agree not to disclose to outsiders any service arrangements of the other party under this Agreement, service descriptions, system solutions or any other information deemed a business secret. Neither party shall, without the written consent of the other, disclose the said information to a third party or use it for purposes other than activities carried out directly under the Agreement.

However, the non-disclosure obligation shall not apply to information a) that is publicly available or otherwise public; b) that was rightfully in the possession of the party without any obligation of non-disclosure before it received the information from the other party, or c) that was provided by a third party without a breach of any non-disclosure obligation towards the other party.

30.The non-disclosure obligation shall remain valid also after the termination of the Agreement.

31.Once the parties have signed a Service Agreement, Suomen Terveystalo Oy shall be entitled to use the Customer Company as a written reference in its offers.

Amendments to the Agreement and assignment

32.If the parties are forced to deviate from the Agreement or wish to amend the Agreement, any such changes shall be agreed in writing.

33.Additions and amendments to the Agreement and its appendices shall only be binding after having been duly signed by both parties.

34.Suomen Terveystalo Oy shall have the right to assign the Agreement or a part of it to another company in the same group. Otherwise the Agreement may only be assigned with the consent of the other contracting party.

Validity of terms and conditions of Agreement

35.These Terms and Conditions of Agreement shall be valid as of January 1, 2009, until further notice.

36.Suomen Terveystalo Oy shall have the right to amend these Terms and Conditions, informing the Customer of revised Terms and Conditions in writing at least one month before their entry into force. Where any changes made to the Terms and Conditions are detrimental to the Customer, the Customer shall have the right to terminate the 37.Agreement without notice within one month of receiving notice of the change.

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App. 4 Service level

Small and medium enterprises Extensive level and Basic level, preventive and statutory services

Workplace investigation

  • Workplace investigation refers to the basic investigation required in the Occupational Healthcare Act.
  • The Act also requires an assessment of risks associated with the workplace. It is advisable to combine this assessment with the workplace investigation.
  • Workplace investigations are carried out at the start of the operations, when there are changes to the working conditions and whenever necessary, but at least every three years.
  • Together with the employer and occupational safety and health personnel, the designated members of the occupational healthcare team help plan the following:
  • working conditions (including workspaces and furnishings), tools and working methods
  • first aid readiness, including guidance and advice.
  • accident prevention, cooperating with the occupational health and safety personnel at the workplace.
  • Terveystalo will always provide the employer with a written report on the workplace investigation.

Action plan

  • The action plan is based on the workplace investigation.
  • When discussing the action plan, Terveystalo and the customer always agree on the joint operating principles and development areas that are important in terms of the working community, the work and the health of the personnel.
  • The action plan describes the statutory measures and the preventive measures agreed on by the parties in detail.
  • The parties update the action plan once a year. If necessary Kela will demand a copy of the valid action plan to be
  • appended to the Kela reimbursement application.

Health check-ups

  • Statutory health check-ups
  • The content and frequency of statutory health check-ups is determined in the action plan based on the needs identified in connection with the workplace investigation.
  • Wherever possible, the statutory health check-ups will be conducted with other health check-up examinations.
  • Terveystalo will prepare a statement on the employee’s working capacity.
  • Pre-employment examinations
  • The content of pre-employment examinations is based on Health Check-up 1. The schedule of examinations is specified in the action plan.
  • Other health check-ups
  • The content of pre-employment and health check-up examinations is based on Health Check-up 1. The examinations will be conducted according to working community or age group every 3–5 years. The schedule of examinations is specified in the action plan.

Monitoring and assessment of working competence and assessment of working capacity

  • Working capacity and rehabilitation assessment
  • Working capacity and rehabilitation need assessments are carried out by occupational health physician and occupational health nurse. Where necessary, other occupational healthcare specialists (occupational physical therapist and occupational health psychologist) will participate in the assessment.
  • Specialist consultation for the purpose of working capacity assessment
  • Referral from the designated occupational health physician; occupational healthcare retains responsibility for care.
  • A total of 1–3 consultations per working capacity issue or medical condition
  • Examinations related to working capacity assessment as recommended by a specialist
  • Early recognition and control of working capacity
  • Application of this model requires that it is discussed by join cooperation bodies and recorded in the action plan.

Activities supporting well-being at work and working competence