Diederik Schrijvershof successfully assisted an association of healthcare providers in the objection proceedings against a fine imposed by the Dutch Healthcare Authority (“NZa”) on VGZ. On 5 August 2020, the NZa imposed a €100.000 fine on VGZ for violating the NZa Transparency in the Healthcare Procurement Process Regulations (the “Healthcare Procurement Regulations”). VGZ subsequently started objection proceedings against the fine in 2020. On 2 June 2021, the NZa decided to uphold the fine for VGZ in the objection proceedings.
Enforcement request with the NZa
Diederik Schrijvershof filed an enforcement request with the NZa in 2019 on behalf of the association of healthcare providers. This enforcement request was filed following several violations by VGZ of the Healthcare Procurement Regulations and earlier formal cautions by the NZa directed to VGZ for violating the Healthcare Procurement Regulations. The NZa then decided that VGZ was again violating those regulations. In the NZa’s opinion, the changes made by VGZ to its 2020 procurement policy and its healthcare procurement procedure are in breach of Article 7 of the Healthcare Procurement Regulations. In that context, the NZa imposed a fine of €100.000 in total on VGZ. The objection proceedings instituted by VGZ were unsuccessful. More information on this NZa fine decision can be found here, here, here and here.
Earlier cautions by the NZa
In 2019, the NZa already issued five formal cautions on breaches of the Healthcare Procurement Regulations by insurers. In 2019, the NZa cautioned VGZ (twice), Zorg en Zekerheid, CZ and DSW about established breaches of the Healthcare Procurement Regulations. The NZA had previously fined DFZ (a division of Zilveren Kruis) for breaching those regulations. In addition, in 2019 the NZa repeatedly announced (e.g. here and here) that it would take stricter action against (repeated) breaches of the Healthcare Procurement Regulations. Also recently, the NZa pointed out the need for healthcare insurers to comply with the Healthcare Procurement Regulations when procuring healthcare.
Maverick Advocaten advocates for enforcement of mandatory rules healthcare insurers
For years now, Maverick Advocaten has advocated adequate mandatory rules (and enforcement of those rules) for healthcare insurers in healthcare procurement and the fighting excessive procurement power of healthcare insurers. More information on this subject can be found here, here, here, here, here, here, here and here. More information on the rights of healthcare providers and the obligations of healthcare insurers can be found at zorgcontractering.com.
