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With respect to the industry, Penrose has an experienced advisory-, litigation– en M&A/corporate practice, where we advise and assist Dutch providers with regard to procurement, the reimbursement of medical care and the implementation of the Healthcare Governance Code. Some of the related issues that we encounter on a daily basis are outlined below.

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The healthcare sector in the Netherlands is in a constant state of change. The governmental rules and regulations are continually evolving as are Dutch health insurance companies that are becoming more stringent in which providers they want to cover. Institutions are required to comply with the statutory quality standards as stipulated in 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). Besides, it requires considerable expertise and accuracy getting healthcare procurement right in the Netherlands since the various health insurers are very strict. The same goes for the bidding for contracts with Dutch municipalities.

In the Netherlands, providers are obliged to carry out and organise their business operations in accordance with the Dutch Healthcare Governance Code. The most recent version of this code dates from 1 January 2017 and it is particularly important for managers and supervisors within the Dutch industry. Directors and officers in the sector who act in violation of the Healthcare Governance Code risk incurring directors’ and officers’ liability.

We see a tendency among healthcare insurers to impose new measures -especially- on small providers whereby fewer providers are being contracted. Thus, it is becoming increasingly difficult for providers to offer services without a contract with a Dutch health insurance company. Penrose regularly represents providers in disputes with Dutch insurers in connection with reimbursements.

Penrose has Dutch lawyers who are specialised in legal health care matters who are pleased to advise and assist you. Please do not hesitate to contact us.



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