Maverick Advocaten assists (members of) the Dutch Mental Healthcare Association in appeal on long-term care tariffs

A team of Maverick Advocaten, consisting of Diederik Schrijvershof, Jeanne Plettenburg, and Leyla Bozkurt assisted the Nederlandse ggz (Dutch Mental Healthcare Association, previously named GGZ Nederland) and 19 of its members in the appeal lodged by five healthcare administration offices against the decision of the court in preliminary relief proceedings of 1 October 2020 on long-term care tariffs.

In the summer of 2020, the Nederlandse ggz and its members were forced to challenge the 2021 tariffs imposed by healthcare administration offices, since it was foreseeable that those tariffs would be insufficient to provide high-quality care. On 1 October 2020 the court in preliminary relief proceedings ruled in favour of the mental healthcare providers (and providers of care for the elderly and the disabled). The court in preliminary relief proceedings prohibited the five healthcare administration offices from continuing the procurement procedures, as long as it was not demonstrated by means of proper investigation that the rates applied met the requirements that could be set for them in all cases. As long as the necessary requirements are not met, the court ruled, at least the (basic) rate applied in 2020 must be adhered to.

The five healthcare administration offices lodged an appeal against this ruling. In short, the healthcare administration offices do not agree with the (scope of the) obligation to state reasons in relation to the long-term care tariffs. In appeal, the Nederlandse ggz and its members argued that the healthcare administration offices must substantiate their argument that a discount on the NZa rate leads to a realistic tariff. In order to be able to offer high-quality care in accordance with the state of science and practice, the Nederlandse ggz and its members submitted a cross-appeal in which they asked for 100% of the NZa rate for providers of long-term mental health care.

The court hearing took place at the Court of Appeal in The Hague on 17 February 2021. For an interview with the director of the Nederlandse ggz about this case, click here. For a concise report of the hearing, click here. The judgement is expected to be handed down on 31 March 2021.

Maverick Advocaten has previously been successful in (preliminary relief) proceedings on behalf of healthcare providers regarding the procurement of youth care, forensic care, acute mental healthcare, SGLVG (Serious Behavioural Problems and Mild Intellectual Disability) care and care under the Wlz (Long-Term Care Act), among other things. Maverick Advocaten has also successfully challenged the abuse of procurement power of health insurers. More information on the rights of healthcare providers in healthcare sales and the ways in which their trade associations can support them can be found at www.zorgcontractering.com. More information on simpler, different yet innovative procurement can be found at innovatiepartnerschap.info.

Follow Maverick Advocaten on Twitter and LinkedIn

Contact details

Diederik Schrijvershof

T +31 20 238 20 03
M +31 6 81 364 318

Leyla Bozkurt

T +31 20 238 20 01
M +31 6 53 453 021

Jeanne Plettenburg

T +31 20 238 20 09
M +31 61 341 70 71