A team of Maverick Advocaten led by Martijn van de Hel has again successfully conducted preliminary relief proceedings on behalf of a mental healthcare provider against a municipality’s tender procedure in the field of social support.
Municipalities are responsible under the Wet maatschappelijke ondersteuning 2015 (Social Support Act 2015) for the procurement and funding of social support, with a view to the independence and participation of persons with a disability or chronic psychological or psychosocial problems, as well as sheltered accommodation.
The mental healthcare provider believed that the municipality had not followed a diligent and transparent procedure or provided insight into the establishment of the applicable rates, and had not set cost-covering rates on the basis of which the care could be provided in the long term. According to the mental healthcare provider, the rates were unreasonable in respect of overhead, travel time, training costs, absenteeism, productivity, innovation and emergency care.
The court largely found in favour of the mental healthcare provider and ordered the municipality to suspend the tender procedure and to arrive at realistic rates on the basis of a sound investigation. Click here for the judgment.
Click here and here for media reports on this case.
Maverick Advocaten has advocated better rates in the healthcare sector for many years. Maverick has also previously successfully conducted preliminary relief proceedings on behalf of healthcare providers regarding the procurement of acute psychiatric care (see here and here), forensic care, youth care, SGLVG (Serious Behavioural Problems and Mild Intellectual Disability) care, long-term care (also on appeal) and care under the Social Support Act, and against excessive purchasing power of healthcare insurers.
More information on the rights of healthcare providers in healthcare sales and the possibilities for their trade associations to support them can be found at www.zorgcontractering.com.
