Diederik Schrijvershof and Saskia Stolk successfully assisted nine providers of orthopaedic footwear in preliminary proceedings against the excessively low rates charged by health insurer ONVZ. The preliminary relief judge ruled in favour of the orthopaedic footwear providers. ONVZ must increase its rates by at least 23% in 2026 compared to 2025. The court also prohibited: i) ONVZ from using its GUPTA study as a basis for its rates and ii) from using rate comparison studies as a basis for its rates. In doing so, the court put a stop to the “race to the bottom” that has been going on for years with regard to the rates of healthcare purchasers.
This victory builds on the STAR ruling, with which Maverick Advocaten achieved success against Zilveren Kruis in 2024, and an earlier victory in 2025 in summary proceedings against ONVZ. What is new about this ruling is that the preliminary relief judge is now applying the essence of the STAR ruling to a future contract (whereas the STAR ruling forced Zilveren Kruis to increase the rates in a current contract).
The Dutch ruling can be read here. The ruling is immediately enforceable. This means that even if ONVZ were to appeal, ONVZ would have to adjust its rates for 2026 upwards by 23%.
Cost-covering rates and indexation in healthcare
Maverick Advocaten achieved success with the STAR ruling in July 2024. With the STAR ruling in hand, Maverick Advocaten subsequently achieved success in 2024 in proceedings against VGZ on behalf of 23 providers of orthopaedic shoes, see here. Subsequently, on 6 November 2024, summary proceedings against CZ were also won, see here. On 10 April 2025, summary proceedings against ONVZ were won on behalf of respiratory care providers, see here.
Previously, Maverick Advocaten had achieved success in summary proceedings on behalf of seven mental healthcare providers against CZ Zorgkantoor (see also here). CZ Zorgkantoor intended to implement an abrupt transition from modular to integral funding. This transition would increase the administrative burden on healthcare providers. In this case, too, the preliminary relief judge of the District Court of The Hague ruled that the care office's working method was contrary to the IZA. The IZA specifically aims to reduce administrative burdens.
Maverick Advocaten assists healthcare providers on a daily basis in achieving cost-covering rates in healthcare or in challenging inadequate (turnover) ceilings. For example, Maverick Advocaten successfully litigated on behalf of providers of forensic mental healthcare against the NZa Rate Decision for mental healthcare 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 for General Practitioner Care 2023. Maverick Advocaten has previously achieved successes in (preliminary relief) 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 opposes abuses of the purchasing power of health insurers, see also here.
For more information about the (enforcement of) the healthcare (purchasing) obligation, see this blog, this blog and this Dutch interview in Zorgvisie. For more information about the rights of healthcare providers in healthcare sales and the possibilities for their trade associations to support them in this, see www.zorgcontractering.com and the briefing below. 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 purchasing healthcare.
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