Diederik Schrijvershof and Annabel Kingma are representing a specialised healthcare provider in preliminary relief proceedings against the municipality of Amsterdam (the “Municipality”). The proceedings are based on objections of the healthcare provider in the procurement procedure regarding Additional Services under the Wmo (Social Support Act), in which the specialist healthcare provider in question primarily offers additional individual support and daytime activities.
In 2020, the Municipality made a start with the transition of the social system: a (large) part of the healthcare provided under the Social Support Act is being transferred to neighbourhood teams. This major transition aims to realise a smooth, low-threshold and efficient social care and support system. The tender regarding Additional Services under the Social Support Act forms part of the transition. The Municipality was sued because the provisional award was faulty. In summary, the objections are that the Municipality fails to fulfil its duty of care. Moreover, the transition process (of which the call for tenders forms a part) is not transparent and the Municipality is breaching the proportionality principle. As a result of these and other preliminary relief proceedings, the Municipality has now partly withdrawn its tender and will organise a new procurement procedure.
Maverick Advocaten has previously been successful in (preliminary relief) proceedings on behalf of healthcare providers regarding the procurement of youth care, forensic care, acute mental healthcare, SGLVG (Serious Behavioural Problems and Mild Intellectual Disability) care and care under the Wlz (Long-Term Care Act), among other things. Maverick Advocaten has also successfully challenged the abuse of procurement power of health insurers. More information on the rights of healthcare providers in healthcare sales and the ways in which their trade associations can support them can be found at www.zorgcontractering.com.
