What is a CNA Contract?
CNA Contracts refer to agreements entered into by a certified nursing assistant (CNA) and the healthcare facility in which they are employed. Under Mississippi law, these contracts serve as a legal agreement between these two parties for services rendered and seeks to protect the rights of both the employer and the employee.
Most healthcare facilities in Mississippi will have both written policies and orally stated policies ("Employee Handbook") that offer and detail the CNA Contract for their employees. Although there is a formal contract document involved, it is important that employees familiarize themselves with the policies and procedures set forth in their organization’s Employee Handbook as many of the terms agreed to in the contract are also stated therein.
There are two main purposes of CNA Contracts: 1) outlining the responsibilities of the CNA , and 2) protecting the employer from liability.
The responsibilities of the CNA are typically outlined in a section detailing Duties and Responsibilities. This will include and detail the various tasks the employee may be expected to perform on behalf of their employer. Each task listed is an integral component of this position and may not be waived. The responsibilities of the CNA may also include a statement that detailed descriptions of these responsibilities are available for review in the Employee Handbook, if they so choose.
By signing the CNA Contract, the employee is also agreeing to Florence Nightingale Pledge, a formal commitment by nurses to uphold patient care. This was established by the National Student Nurses’ Association and their website offers a brief description of the pledge. In this way, the employer can hold the employee accountable.
The employer also has the right to terminate the CNA without advance notice and with or without cause, as long as it complies with CNA Contract requirements.
Essential Elements of CNA Contracts in Mississippi
When it comes to nursing home employment contracts, several key components are standard across the board in Mississippi. Employers are not necessarily required to use the same language or format, but the contractual elements still need to cover the following major items to give both parties a fair understanding of their relationship.
Most nursing home employer contracts for CNAs include the following terms:
Duties and Responsibilities- The contract should outline your job responsibilities, including any additional duties that may be assigned by your supervisor throughout the course of your employment. Sometimes this may include a general description of the population you’ll be caring for and where you’ll be working.
Compensation- Your wage structure should be explained in detail in the contract. Typical structures include hourly, daily, weekly or annually. Your overtime pay is determined through your standard wage structure.
Termination- A clear termination clause should be included, stating what behavior could result in your termination. And you should also have a section regarding voluntary termination, covering how much notice you should give before leaving your position.
Equipment and Materials- A description of the equipment that will be provided to you and a statement about who will be responsible for lost or broken items.
Restrictive Covenants- This section will describe your non-compete agreement. You must agree not to solicit clients from your employer for a certain amount of time after being released from your employment.
Confidentiality Agreement- Your HIPAA rights, along with any other patient information you have agreed to keep confidential, should be clearly explained in your contract.
Mississippi Legal Requirements for CNA Contracts
As part of establishing what will become a legally binding contract, your contract for services should be in compliance with the laws of Mississippi. All contracts must be legal entities, meaning that you can’t enter in to a contract to commit a crime or other legally obscured action, and it has to comply with the laws of the state where the work is performed. In Mississippi, there are several legal requirements that your agency must fulfill to be in compliance with the law.
Licensing and Certification
If you’re a certified nurse aide providing care for private clients in their homes, then there is no licensing and certification requirements for you. If you’re working through a nurse staffing agency, the agency itself will need to be licensed in the state of Mississippi that includes proof of liability insurance, bonding, knowledge of applicable laws and regulations, and knowledge of the industry. The following regulatory requirements apply to nursing staffing agencies:
Labor Laws
When there is a breach of contract a court will review the contract to determine which party is in the right and therefore liable for damages. The terms of the contract will include compensation, the job description, hours of work, holidays, and job duties which are delineated and defined by the employer and the employee. It’s important to understand your labor laws in Mississippi, which include laws such as the at-will employment act which means that unless there is an exception in place, an employer may not employ people to meet their staffing needs. They can hire and fire as it seems fit at the moment. While employment contracts can still be upheld in Mississippi, the employer also has the option not to employ someone to fill in that space. The employee can also choose to leave employment if they so choose.
Tax Requirements
Because your independent contractors are paid on a 1099 basis, they are responsible for their own taxes. As the employer, you’re only responsible for following the law as it applies to your business (your clients are not your employees). Please consult a tax attorney or an accountant for more detailed advice on how to be in compliance with all relevant tax laws.
Workers Compensation Insurance
Companies with three or more employees are required to provide workers’ compensation insurance to their employees, including full time, part time, temporary, and seasonal workers. Varies based on your company, contractors may count into this equation and your staffing agency could also be responsible for any injured employees that occur due to your contract. This is defined as "The Mississippi Workers’ Compensation Law was enacted to assure fair and just compensation to any worker who is injured on the job… The law provides that an injured worker’s medical and rehabilitation expenses and compensation for lost wages must be paid." Even if the contract is terminated, the workers’ compensation continues indefinitely to lost wages if the injury lasted more than seven days.
Aspects to Negotiate in CNA Contracts
Successful long-term relationships between an employer and employee depend on open lines of communication. Tell your employer about your job and what hours you need. Approach them to discuss changes in salary, work hours, or duties, and be prepared to compromise on issues important to both you and them. If you are unhappy with your contract terms, ask your boss whether you can consider other options.
Right off the bat, before even negotiating, open a clear line of communication with your management team. You and your employer should sit down regularly to discuss your job performance and any issues you may have at work. By the time your contract comes up for renewal, you should have an ongoing conversation with your employer that allows you to not only discuss the specific terms of your CNA contract, but the status of your employment in general.
For instance, if you are satisfied with your wages and view them as fair compensation for the work your employer expects from you, there is no need to negotiate an increase. On the flip side, however, if you feel that your salary should be higher considering the work you do in a typical week, you may be ready to discuss negotiating for a pay raise at this time.
Generally, your employer should also be concerned about employee retention when it comes to salary. This means that if they have hired a new employee for the same job and are paying them significantly more money, you may have some negotiating power in your current salary.
So when exactly should you start thinking about negotiating the terms of your CNA contract? Here are a few suggestions:
Keep in mind that when you begin discussing the terms of your CNA contract with your employer, you may not get everything you want. Which is why a clear understanding of your needs, both competitively and personally, can help to facilitate a successful negotiation. But unless you make your wishes known, as well as the reasoning behind them, you may end up with a contract that neither you nor your employer will be satisfied with.
CNA contracts can vary widely, especially with regards to terms. So if you have specific needs, be sure to bring them to the table when negotiating. Some possible areas for negotiation include:
Before jumping into the negotiation process, be sure you have a detailed understanding of your job, both in terms of your daily tasks and the industry as a whole. In addition, review your previous contract for specific guidelines about raises, job expectations, pay increases, and bonus opportunities. In addition, simple research about how your organization compares to others in the area can offer some context as to where you might fit in terms of competitive CNA contracts and pay.
Common Issues and Resolutions in CNA Contracts
One of the more common issues I see with CNAs on the state side in Mississippi comes to contract disputes. For some reason that I can’t quite understand, many of our clients believe contracts don’t matter here any more than on the national level. This is simply not true. In fact, the reverse is often the case when it comes to Mississippi courts. For whatever reason, state judges are apt to focus on contract terms a little bit more than Federal judges (it could be that judges are home-cookin’ folks at heart that want to see good old Mississippi contract law applied).
Whenever we enter into a contract with a new customer or vendor, my firm’s rule is to have our attorneys read the contract. We do this for 2 reasons – to prevent mistakes ahead of time and, if a mistake is made, to solve it quickly and have all parties protected. A contract is one of the best ways to see what parties intentions are when it comes to business relationships.
In my experience, there are typically only 2 or 3 issue that come up on the state level with our clients. An agreement may have been signed with language stating that "payment is due upon completion of services rendered." In our client’s situation, they had provided all of the services and completed everything , but the other party refuses to pay. We know this is an issue that can be solved relatively easily with a letter to the other party. In this case, it’s also going to depend on the amount of money at stake. If they owe you $1000, you’re looking at costs far too high to file suit. But, since our client is owed $25,000, the issue can usually be settled for a few hundred dollars in attorney fees. Bottom line – if you have problems with a contract, don’t be afraid to reach out to an attorney for a review.
The second issue some customers face is violating a contract. In this situation, we often find that the client wants to sue the other party for breach of contract. Most of the time, it’s going to make more sense to settle the matter than to bring a lawsuit and wrap up resources. We’re perfectly happy to help you wrap up these matters as well as move on to the next sale. Often, it will even make financial sense to call the customer and tell them they’re in breach and you’re just going to sue them for breach. We find that this kind of letter to a client serves as a deterrent to future breaches since the customer knows you’re serious and that you can and will enforce the contract.
Ultimately, terms can be difficult to abide by sometimes. Our solution is to keep everything as simple as possible.
Renewal/Termination of CNA Contracts
The renewal or termination of a CNA contract in Mississippi is governed by the terms of the certificate of need law and the certificate of need decision in that particular case. The law requires that a written notice of not less than thirty (30) days be provided to the other party before termination. The written notice to renew or to terminate the agreement can be given prior to the expiration of the original agreement.
Termination prior to the termination date of the contract must be for good cause and not arbitrary, capricious or without reasonable grounds. There are many situations in which a party can terminate a contract without good cause. For example, the law permits the party that does not receive timely notice of the intent to renew/terminate the contract to file a petition for relief with the Mississippi State Department of Health. If the party files a petition with MSDH arguing that they should not lose the contract, the Department may hold a hearing to determine the matter. A party that receives timely notice and fails to file a petition with MSDH is not entitled to a hearing and loses the right to continue to have the contract in place.
Sources for CNAs about Contracts in Mississippi
Even as it can sometimes be difficult to know your rights when you sign a CNA contract with a Mississippi nursing home, there are plenty of tools and resources available to help you when reviewing or negotiating a contract: Mississippi Legal Services is a non-profit organization that aims to provide free legal information and legal aid for low-income individuals and families. Legal Services can help individuals and families find resources for elder law issues , such as Medicaid and long-term care. The Mississippi Department of Health and Senior Services has a home health division to provide information on long-term care and home health services. The department has a staff of Ombudsman who is available to speak with the elderly regarding rights associated with contracts. The American Association of Long-Term Care Nurses (AALTCN) provides professional support and up-to-date information for licensed nurses specializing in long-term care. The American Health Care Association provides resources for members and special interest groups, including certified nursing assistants.