Diederik Schrijvershof has advised de Nederlandse ggz (the Dutch Mental Healthcare Association, previously named GGZ Nederland) on the proposed continuity contribution of Zorgverzekeraars Nederland, the Association of Dutch Healthcare Insurers (“ZN”). Mental healthcare providers, members of the Dutch Mental Healthcare Association, have necessarily and temporarily been able to treat fewer clients due to the coronavirus. ZN’s continuity contribution scheme is intended to offer the providers appropriate financial support from healthcare insurers to ensure that mental healthcare providers are not faced with financial difficulties or put into liquidation due to the COVID-19 crisis. The Maverick Advocaten team advised the trade association to arrive at a suitable continuity contribution scheme of ZN. On 8 July 2020, de Nederlandse ggz and ZN reached agreement on the continuity contribution scheme (see here).
The Netherlands Authority for Consumers & Markets (“ACM”) stated, when asked, that on certain conditions healthcare insurers may work together in a ZN context to support healthcare providers in the form of a continuity contribution scheme. The agreements made between ZN members to arrive at the proposed support measures of a temporary nature may not exceed what is necessary, according to ACM. At the same time, ACM believes it must always be possible for individual healthcare insurers to pay higher contributions to healthcare providers than the minimum agreements made in a ZN context. According to ACM, the objective of the continuity contribution scheme must be that healthcare insurers comply with the duty of care within the meaning of Article 11 of the Zorgverzekeringswet (Healthcare Insurance Act) also after the corona crisis. More information on the duty of care and its enforcement can be found in this blog.