IBI Agency Asks Parents to Sign Waiver of Liability
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This is a note of caution to other parents who may be looking at changing DD/IBI providers. There is a new IBI agency in town that is seeking to be approved by Region IV Health and Welfare. We looked into hiring them. We began some of the preliminary paperwork. We noted that the Authorization to provide services included a waiver of liability for everything except willful or intentional acts. The waiver is not set out in bold print and could be very misleading to parents who are not lawyers. We questioned why the agency, as a medical provider, was not willing to accept responsibility for the negligence of its own employees. The IBI supervisor told us that willful acts included negligence. My husband and I did not agree. The IBI supervisor said she would get back to us. The following day, the agency called and said that they would be unable to provide services.
I have reported the matter to Health and Welfare.
If an agency asks you to sign a waiver of liability, (or a hold harmless agreement or an indemnification agreement), you should consult an attorney and be aware of the legal ramifications of the document you are signing.