Martijn van de Hel and Diederik Schrijvershof are again representing De Nederlandse ggz (the mental healthcare trade association, formerly known as GGZ Nederland) and nine of its members from all over the Netherlands in preliminary relief proceedings against five care administration offices. The mental healthcare providers take the position that the care administration offices are applying inadequate rates for mental healthcare in 2022 under the Wet langdurige zorg (Long-Term Care Act). The care administration offices insufficiently investigated realistic long-term mental healthcare rates in the context of healthcare purchasing, despite being required to do so. The long-term care rates offered by the care administration offices insufficiently enable mental healthcare providers to provide their clients with high-quality and safe care.
This is not the first time that mental healthcare providers have had to question the care administration offices’ purchasing policy. In 2020 they were also forced to take a stand against the discounts on the NZa (Dutch Healthcare Authority) rates that the care administration offices used for the purchase of care in 2021. A team of Maverick Advocaten represented De Nederlandse ggz and several of its members on that occasion as well. On 1 October 2020, the preliminary relief judge ruled in favour of the mental healthcare providers (and providers of care for the elderly and disabled). Maverick Advocaten’s team also successfully represented the mental healthcare providers during the appeal filed by care administration offices against the court’s ruling in preliminary relief proceedings on long-term care rates of 1 October 2020. Maverick Advocaten was previously also successful in preliminary relief proceedings for healthcare providers in the procurement of acute mental care, forensic care, youth care, SGLVG (Serious Behavioural Problems and Mild Intellectual Disability) care and care under the Social Support Act. Maverick Advocaten has also successfully challenged excessive purchasing power of healthcare insurers.
Practical tips for healthcare providers on how to exercise their rights when purchasing long-term care can be found in this blog. More information on the rights of healthcare providers in healthcare sales and the possibilities available to their trade associations to support them in this regard can be found at www.zorgcontractering.com.
