Diederik Schrijvershof, Judith Jansen and Leah Peeters are litigating on behalf of a mental healthcare provider to obtain fair rates from a group of municipalities. This preliminary relief proceedings follow the municipalities' failure to address the mental healthcare provider's objections to the tender.
Part of the care provided by the mental healthcare provider in question is purchased by a large group of municipalities. This includes care provided under the Social Support Act 2015 (Wmo). Several municipalities have organised a tender for a multi-year agreement covering Wmo care with such low product rates that the mental healthcare provider cannot achieve the desired level of Wmo care provision. Furthermore, the principles of procurement law apply to the procurement procedure pursuant to Article 2.38 of the Public Procurement Act 2012 (Aw). In this regard, the municipalities must observe the principle of proportionality in the requirements and conditions attached to a tender. The long term and high rates are not in line with this principle. The current tender therefore constitutes a violation of the municipalities' duty of care on the one hand and a violation of the principles of public procurement law on the other.
Maverick Advocaten assists healthcare providers on a daily basis in achieving cost-covering rates. In July 2024, Maverick Advocaten achieved success with the STAR judgment. With the STAR judgment in hand, Maverick Advocaten also won proceedings against large healthcare insurers to achieve realistic rates for providers of orthopaedic care products, see here.
Maverick Advocaten previously achieved success in summary proceedings on behalf of seven mental healthcare providers against CZ Zorgkantoor (see here). Prior to that, Maverick Advocaten achieved successes in (summary) proceedings for healthcare providers in the procurement of, among other things, general practitioner care, acute mental healthcare (here and here), forensic care, youth care, SGLVG care, Wlz care, also in appeal and here and here, and Wmo care (see also here). Maverick Advocaten also successfully litigated on behalf of providers of forensic mental healthcare against the NZa Tariff Decision on Mental Health Care and Forensic Care 2023 and 2024. In addition, Maverick Advocaten successfully litigated on behalf of the De Bevlogen Huisartsen foundation and 129 individual general practitioners against the NZa Tariff Decision on General Practitioner Care 2023. Furthermore, Maverick Advocaten opposes abuses of the procurement power of healthcare insurers, see also here.
For more information about the (enforcement of) the healthcare (procurement) obligation, see this blog, this blog and this interview in Zorgvisie. For more information about the rights of healthcare providers in the sale of healthcare and the possibilities for their trade associations to support them in this regard, see www.zorgcontractering.com. And see this (video) briefing to find out why, based on the STAR ruling, healthcare purchasers are obliged to take into account increased costs for healthcare providers when procuring healthcare.
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