A team of Maverick Advocaten, consisting of Diederik Schrijvershof and Martijn van de Hel, successfully represented Inforsa, De Forensische Zorgspecialisten and Fivoor (a joint venture of Parnassia Groep and Altrecht) and five parties that joined the proceedings, namely Dichterbij (Stevig), GGNet, GGzE, Reinier van Arkel and Trajectum, in preliminary relief proceedings against the Dienst Justitiële Inrichtingen (Custodial Institutions Agency – “DJI”), a division of the Ministry of Justice and Security. These providers believe that the tariffs charged by DJI for forensic care, including hospital orders, are insufficient to provide high quality and safe care.
The preliminary relief judge ruled in favour of the forensic care providers. The judge found that DJI had acted in the procurement procedure in breach of several procurement law principles and principles of sound management. In particular, DJI is not allowed for the time being to charge an integrated maximum day price and must substantiate its argument that a discount on the ambulant tariffs leads to a realistic tariff, before being allowed to apply that discount. The judge furthermore found that reliance on max-max tariffs on the grounds of special intensity of care should be possible.
The judgment can be found here. The press release on the judgment can be found here. Various media have also reported on the judgment: see, for instance, NRC, de Volkskrant, het Parool (twice: here and here), het AD and FD. In addition, NOS, Nu.nl, AT5, Hart van Nederland, Omroep West, RTV Utrecht and healthcare medium Skipr reported about the judgment on their websites. A list of various media reports on the hearing of 14 January 2020 can be found here.
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