Penrose provides healthcare providers in the Netherlands with specialised guidance and assistance in the procurement of healthcare services and medical devices, health insurance payments to health care providers, and in the implementation of the Dutch Healthcare Governance Code (Zorgbrede Governancecode). Some of the healthcare-related issues that we encounter on a daily basis are outlined below.
Penrose maintains an advisory, litigation and transactional practice for healthcare sector in the Netherlands. Penrose specialises in assisting and guiding healthcare providers with regard to healthcare procurement, reimbursement of medical care provided, and implementation of the Dutch Healthcare Governance Code (Zorgbrede Governancecode). This involves support for the annual registration of healthcare providers with the various health insurers, healthcare procurement litigation, and assistance to healthcare providers who disagree with the outcome of a materiality audit carried out by the healthcare insurer.
Laws and regulations
The healthcare sector is in a constant state of change, with continually evolving government regulations and health insurer demands. Not only are healthcare institutions required to comply with statutory quality standards like those stipulated by the Dutch Healthcare Insurance Act (Zorgverzekeringswet, Zvw), the Long-Term Care Act (Wet langdurige zorg, Wlz) and the Social Support Act (Wet maatschappelijke ondersteuning, Wmo), considerable expertise and precision are also required when purchasing healthcare from the various health insurers and bidding for contracts with municipalities.
Healthcare Governance Code 2017
Healthcare providers are obliged to carry out and organise their business operations in accordance with the Dutch Healthcare Governance Code. The most recent Healthcare Governance Code dates from 1 January 2017 and is particularly important for managers and supervisors in the healthcare sector. Directors and officers in the healthcare sector who act in violation of the Healthcare Governance Code risk incurring directors’ and officers’ liability.
We note a tendency among healthcare insurers to impose new measures on healthcare providers, especially the smaller ones, on a regular basis; the net result is that fewer parties are contracted and that it is also becoming increasingly difficult to provide healthcare services without a contract. Penrose regularly represents healthcare providers in disputes with healthcare insurers concerning healthcare reimbursements.