Maverick Advocaten requests enforcement against VGZ for breach of healthcare procurement regulations

Diederik Schrijvershof and Leah Peeters submitted an enforcement request to the Dutch Healthcare Authority (“NZa” ) on behalf of NVOS-Orthobanda ( “NVOS”). This request points the NZa to a violation by VGZ of the Dutch Healthcare Procurement Regulation. VGZ has insufficiently motivated the contract offer in violation of article 6.3 of the Healthcare Procurement Regulation. Moreover, VGZ was insufficiently available for questions or comments from NVOS members. This is not allowed according to article 5.1 of the Healthcare Procurement Regulations.

NZa Healthcare Procurement Regulations

The NZa has made it known in 2019 (such as here and here) to take tougher action against (repeated) violations of the Healthcare Procurement Regulations. VGZ was warned twice before for a violation of the Healthcare Procurement Regulations. VGZ ignored two formal NZa warnings and again violated the Healthcare Procurement Regulations to the detriment of healthcare providers in 2019. The NZa fined VGZ in 2020 and handed out a second fine to VGZ at the end of 2021 for violations of the Healthcare Procurement Regulations.

The NZa also issued several formal warnings to other health insurers in the past for violations of the Healthcare Procurement Regulations. For example, the NZa warned Zorg en Zekerheid, CZ, Zilveren Kruis, Menzis, EUCARE and DSW for violations of the Healthcare Procurement Regulations. Zilveren Kruis was also fined.

For years, Maverick Advocaten has been advocating adequate (enforcement of) mandatory rules for health insurers in healthcare procurement and tackling excesses of purchasing power of health insurers. For more information see here, here, here, here, here, here, here, here and here. For more information on the rights of healthcare providers and duties for healthcare insurers consult zorgcontractering.com.

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