Leyla Bozkurt and Annabel Kingma are representing a healthcare provider in preliminary relief proceedings against the municipality of Amsterdam (the “Municipality”). The proceedings are based on objections of the healthcare provider to the tender regarding Additional Services under the Wmo (Social Support Act). The Amsterdam healthcare provider specialises in domestic help and additional individual support.
In 2020, the Municipality made a start with the transition of the social system: a (large) part of the care provided under the Social Support Act is being transferred to neighbourhood teams. This major transition aims to realise a smooth, low-threshold and efficient social care and support system. The tender regarding Additional Services under the Social Support Act forms part of the transition. The health care provider’s objections are twofold. First, the healthcare provider believes that the Municipality purchased too few client places in its procurement, at least for the specific target groups in which it specialises. Furthermore, the award system in the tender procedure and the transition process after the tender procedure do not comply with the procurement law principles of equal treatment, transparency and proportionality. The Municipality has breached its duty of care to such an extent that the healthcare provider argues that the tender has to be withdrawn. As a result of this and other preliminary relief proceedings, the Municipality has now partly withdrawn its procurement and will organise a new tender procedure.
Maverick Advocaten had previously been successful in (preliminary relief) proceedings on behalf of healthcare providers regarding the procurement of youth care (twice), forensic care, acute mental healthcare, SGLVG (Serious Behavioural Problems and Mild Intellectual Disability) care and care under the Wlz (Long-Term Care Act). 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.