The Dutch Healthcare Authority ("NZa") has imposed a formal warning on Zorg en Zekerheid for violating mandatory rules during health care procurement. Zorg en Zekerheid, operating under the name VRZ Zorginkoop, had not informed clients in time that the purchasing process had been amended, thereby violating Article 7 of the Regulation for transparency in healthcare purchasing ("Healthcare Procurement Regulation").
NZa's warning followed a successful enforcement request from NVOS. Diederik Schrijvershof represented NVOS. The warning entails that if Zorg en Zekerheid were to violate Article 7 of the Healthcare Procurement Regulation again in 2019 and/or 2020, the NZa will take action against such violation by imposing an administrative fine.
The warning given to Zorg en Zekerheid is NZa's fifth warning for health insurers in 2019. Earlier this year, the NZa warned health insurers CZ, VGZ (twice) and DSW for violations of the Healthcare Procurement Regulation. Before that, the NZa imposed a penalty on DFZ (a division of Zilveren Kruis) for infringing the Healthcare Procurement Regulation. Read more about that here, here and here. The NZa has now repeatedly announced that it will take more stringent action against violations of the Healthcare Procurement Regulation.
For many years already, Maverick Advocaten has advocated adequate mandatory rules for health insurers during the procurement process (and the enforcement of those rules) and tackling of the problem of excessive purchasing power of health insurers. More information can be found here, here, here, here, here and here. For more information regarding the rights of healthcare suppliers and obligations for health insurers during healthcare purchasing, please read our 12 steps to be well prepared for the 2020 health care contracting or visit zorgcontractering.com.
