Diederik Schrijvershof successfully represented the Dutch Mental Healthcare Association (Nederlandse ggz, formerly GGZ Nederland) and 19 members from across the Netherlands in the appeal lodged by healthcare administration offices against the preliminary relief judge's ruling on long term care (Dutch: ‘Wlz’) rates of 1 October 2020.
In the summer of 2020, the Dutch Mental Healthcare Association and its members were forced to oppose the reductions in the NZa rates applied by the healthcare administration offices for 2021. This was because these rates were foreseeably insufficient to provide high-quality care. On 1 October 2020, the preliminary relief judge ruled in favour of the mental healthcare providers (and providers of care for the elderly and disabled). The preliminary relief judge prohibited the five healthcare administration offices from continuing the procurement procedures until the healthcare administration offices could demonstrate, through proper research, that the rates applied met the (substantiation) requirements in all cases. Until such time as this is the case, at least the (basic) rate (percentage) applied in 2020 must be used.
The healthcare administration offices have appealed against this ruling. In short, the healthcare administration offices disagreed with the (scope of the) obligation to provide reasons that rests with them when they set Wlz rates. The Dutch Mental Healthcare Association and its members have argued that in 2021, the healthcare administration offices must justify why the reductions they apply to NZa rates in 2021 are realistic rates. In order to be able to provide high-quality care in accordance with the latest scientific knowledge and practice, the Dutch Mental Healthcare Association and its members requested in an incidental appeal that 100% of the NZa rate be applied to providers of long-term mental healthcare.
The hearing took place on 17 February 2021 at the Court of Appeal in The Hague (‘Court’). For an interview with the Dutch Mental Healthcare Association about this case, click here. For a brief report of the hearing, click here. On 30 March 2021, the Court upheld the judgment of 1 October of last year by the preliminary relief judge. The appeal by the healthcare administration offices was unsuccessful and the Court rejected all their complaints.
Although, given the setting of summary proceedings, the Court did not determine whether 100% of the NZa rate constitutes a realistic Wlz rate for mental healthcare providers, it confirmed that the healthcare administration offices must also comply with the applicable law in 2022 and 2023, including the principles of procurement law and pre-contractual reasonableness and fairness. The healthcare offices must also take into account the fact that the costs of mental healthcare providers have risen since the NZa set the maximum rates when calculating the specific financial details of the Wlz care procurement for 2022 and 2023.
Maverick Advocaten has previously achieved success in (interim) proceedings for healthcare providers in the procurement of, among other things, youth care, forensic care, acute mental healthcare, SGLVG care and Wlz care. Maverick Advocaten has also been successful in the fight against abuses of procurement power by healthcare insurance companies. For more information about the rights of healthcare providers in healthcare procurement and the possibilities for their trade associations to support them in this regard, see: www.zorgcontractering.com.
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