Diederik Schrijvershof and Leah Peeters have successfully represented a mental healthcare provider in a dispute with a major health insurer regarding 2024 healthcare contracting. The healthcare provider was able to make better contractual agreements with the insurer with the help of Maverick Advocaten.
Maverick Advocaten’s team advises healthcare providers on a daily basis on how to enter into favourable contracts by means of (additional) contracting (see here, for instance). Healthcare procurement officers are often in a position of power in relation to healthcare providers and are therefore bound by various rules (see this blog). In light of their duty of care/care procurement duty, such officers (also if they are not in position of power) have a statutory 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. It recently decided to enforce the duty of care/care procurement duty because none of the four major health insurers was adequately complying with those duties. The NZa subsequently imposed an order on CZ and Menzis (see also here). Maverick Advocaten assists healthcare providers in filing enforcement requests with the NZa regarding the duty of care/care procurement duty of all health insurers. More information on the duty of care/care procurement duty and its enforcement can be found in this blog and this blog.
Maverick Advocaten also challenges excessive procurement power of health insurers (see also here). More information on what the NZa (and you) can and must do about waiting lists, current or imminent closure of patient lists, and the duty of care can be found in this and this blog. More information on the rights of healthcare providers and duties of health insurers in healthcare procurement can be found at www.zorgcontractering.com.
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