Floracare Terms of Service Agreement

Effective Date: 09/04/2025 
Company: Flora Care Home Health Services, LLC d/b/a Floracare (“Floracare”) 
Headquarters: 1409 Washington Ave, Ste. 203, St. Louis, MO 63103 
Cape Office: 338 Broadway, Ste. 317, Cape Girardeau, MO 63701 

  1. Purpose 

These Terms of Service (“Agreement”) govern the use of Floracare’s Consumer Directed Services (CDS) and related programs. By enrolling in or utilizing Floracare’s services, the client (“Consumer”) and caregiver (“Employee” or “Attendant”) agree to comply with all terms herein, as well as applicable Missouri law, federal Medicaid/Medicare regulations, and Missouri Medicaid Audit & Compliance (MMAC) requirements. 

  1. Eligibility 
  • Consumer must be a Missouri resident, age 18 or older, and approved for CDS by Missouri Medicaid (MO HealthNet).
  • Caregivers must complete all state and federal background checks, including Family Care Safety Registry (FCSR), Employee Disqualification List (EDL), and OIG exclusion list.
  • Both Consumers and Caregivers must comply with program rules at all times. 
  1. Scope of Services 

Floracare provides assistance with Activities of Daily Living (ADLs) under the CDS program, including but not limited to: 

  • Personal care (bathing, grooming, toileting, mobility assistance) 
  • Meal preparation and feeding 
  • Housekeeping is essential to the Consumer’s health 
  • Medication reminders (no medication administration unless permitted by law) 
  • Transportation as authorized Floracare does not provide medical procedures, skilled nursing services, or any service outside the guidelines of the CDS program. 
  1. Consumer Responsibilities

The Consumer agrees to:

  1. Select, train, and supervise their caregiver. 
  2. Submit accurate timesheets/EVV records. 
  3. Report changes in condition, hospitalizations, or address immediately. 
  4. Cooperate with all MMAC compliance reviews and Floracare audits. 
  5. Not engage in fraud, falsification of records, or misuse of Medicaid funds. 
  6. Caregiver Responsibilities 

Caregivers agree to: 

  1. Provide services only as authorized in the Consumer’s plan of care. 
  2. Accurately record hours through Floracare’s Electronic Visit Verification (EVV) system.
  1. Refrain from falsifying documents, “buddy punching,” or billing for unworked hours. 
  2. Follow all workplace safety rules and maintain professional conduct. 
  3. Respect Consumer confidentiality per HIPAA and state privacy laws. 
  1. Floracare Rights and Responsibilities 

Floracare will: 

  • Ensure compliance with Missouri CDS program rules, MMAC, and Medicaid regulations.
  • Process payroll and taxes for approved caregivers. 
  • Monitor service delivery, including conducting home visits and satisfaction checks.
  • Investigate suspected fraud, abuse, or neglect, and report findings to the proper authorities.

Floracare reserves the right to: 

    • Deny or terminate services if fraud, abuse, or noncompliance is found. 
    • Suspend or dismiss caregivers for misconduct or policy violations. 
    • Update this Agreement as laws or Medicaid program rules change.
  1.  Compliance With Law 

This Agreement incorporates and shall be interpreted in accordance with: 

  • Missouri Revised Statutes (RSMo) governing CDS and home health services. 
  • Federal Medicaid/Medicare laws and CMS regulations. 
  • Missouri Medicaid Audit & Compliance (MMAC) program rules. 
  1. Fraud Prevention and Reporting 

Any falsification of timesheets, EVV logs, or service records is fraud and may result in: 

  • Termination of services or employment. 
  • Repayment of funds to Medicaid. 
  • Referral to state and federal authorities for criminal prosecution. 

Consumers and caregivers must report suspected fraud, abuse, or neglect to Floracare or the Missouri Department of Health & Senior Services hotline immediately. 

  1. Limitation of Liability 

Floracare is not liable for: 

  • Any personal injury, property damage, or financial loss caused by the Consumer or caregiver outside the scope of authorized services.
  • Unauthorized acts, negligence, or misconduct by caregivers.• Delays or disruptions caused by regulatory changes, system outages, or Medicaid payment issues.
  1. Dispute Resolution 

Any dispute arising from this Agreement shall first be addressed through good-faith negotiation. If unresolved, the parties agree to binding arbitration in St. Louis, Missouri, under the rules of the American Arbitration Association, in accordance with Missouri law. 

  1. Termination 

Floracare may suspend or terminate services if: 

  • Medicaid eligibility ends. 
  • Consumer or caregiver violates compliance rules. 
  • Fraud, abuse, or unsafe conditions are identified. 

Consumers may terminate services with Floracare at any time by providing written notice. 

  1. Acknowledgment 

By signing below, the Consumer and/or Caregiver acknowledge that they have read, understood, and agree to comply with these Terms of Service Agreement. 

Consumer Signature: ____ Date: ____

Caregiver Signature: ______ Date: ____

Floracare Representative: _____ Date: ____