Diederik Schrijvershof and Leah Peeters successfully represented an MSZ provider in a dispute with a major health insurer over the health insurer's co-contracting. After assistance from Maverick Advocaten, the healthcare provider was able to reach an increase in a turnover cap with the insurer.
The team of Maverick Advocaten advises healthcare providers on a daily basis on how to obtain a good contract (see for example here). Healthcare purchasers often have a purchasing power vis-à-vis healthcare providers and are therefore bound by various rules (see this blog). In addition, by virtue of their healthcare (purchasing) obligation, healthcare purchasers (even without a purchasing power position) have a legal duty to ensure that their insured receive appropriate care in a timely manner.
The Dutch Healthcare Authority (“NZa”) monitors compliance with the duty of care. Earlier in 2024, the NZa decided to enforce the care (purchasing) duty because none of the four major health insurers were adequately complying with the care (purchasing) duty. The NZa subsequently imposed a designation on CZ and Menzis (see also here). Maverick Advocaten assists health care providers with an enforcement request to the NZa regarding the care (purchasing) duty of all health insurers. For more information on the (enforcement of) the care (purchasing) duty, see this blog and this blog.
Maverick Advocaten also stands up against excesses of purchasing power of health insurers (see also here). For more information on what you can or should do with the NZa in case of waiting lists, (impending) patient stops and duty of care, read this and this blog. For more information on the rights of healthcare providers and duties of healthcare insurers in healthcare procurement, consult www.zorgcontractering.com.
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