Annabel Kingma and Martijn van de Hel have represented a youth care provider in preliminary relief proceedings against several municipalities. The municipalities had reorganised three youth care procurement procedures. The youth care provider took the position (together with another care provider) that the municipalities (1) had not offered realistic rates and (2) applied several disproportionate conditions in the procurement procedure.
The District Court of Midden-Nederland found that the municipalities had indeed insufficiently investigated whether (and clarified that) the rates set were realistic and did justice to practical reality and regional circumstances. In other words, the municipalities had failed to fulfil their obligation to investigate and state reasons.
The court also found that the municipalities had applied several disproportionate conditions. One of the reason for this was that the municipalities had not built in a ‘safety valve’ regarding maximum treatment periods or care developments (such as small-scale living).
On this ground, the municipalities were ordered either to discontinue the procurement procedure or to adjust it in compliance with the judgment.
Maverick Advocaten assists healthcare providers on a daily basis to achieve cost-covering healthcare rates or to challenge inadequate turnover and other caps. It is litigating, for instance, on behalf of providers of forensic mental healthcare against the NZa 2023 and 2024 Mental Healthcare and Forensic Care Rates Decision. Maverick Advocaten is also litigating on behalf of De Bevlogen Huisartsen, a foundation, and 129 individual GPs against the NZa’s 2023 GP Care Rates Decision.
Previously, Maverick Advocaten achieved successes in preliminary relief proceedings for healthcare providers in the procurement of, among other things, GP care, primary diagnostics, acute mental healthcare (here and here), forensic care, youth care, SGLVG (Serious Behavioural Problems and Mild Intellectual Disability) care, long-term care (also on appeal and here and here) and care under the Social Support Act (see also here). Maverick Advocaten also challenges excessive market power of health insurers: see here.
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