Healthcare

Dynamic legislation in healthcare

Healthcare is constantly evolving. For instance, the Compulsory Mental Health Care Act (Wvggz) and the Care and Compulsion Act (WZD) have replaced the long-standing Special Admission to Psychiatric Hospital Act (BOPZ), and several changes have already been made through sweeping laws. Is the case law following the amendments to the BIG Act not yet crystallised by the Central Disciplinary Tribunal. The same applies to co-determination, which, with the entry into force of the Client Participation Rights Act (WMZC2018), grants more powers to client councils.

Developments in long-term care and supervision

The Long-Term Care Act (Wlz) will be widened from 1 January 2021 to include mental health clients. The Healthcare and Youth Inspectorate (IGJ) is revamping its supervisory frameworks and enforcement guidelines and will increasingly be required to make its investigations public. Recently, the Law on Supervision of Legal Entities (WTR) was passed by the Senate so that healthcare institutions operating in a foundation form will be subject to the new dismissal and liability rules. And also, the WTZi is about to be replaced by the WTZa (and the WTZa Adaptation Act is already in the pipeline).
All these changes aim, among other things, to improve the quality of care, regulate healthcare markets and maintain demand-driven management as much as possible.

Different legal fields

Healthcare law is in several legal areas including:

• general civil law, including employment law, contract law, procurement frameworks, procurement law and insurance law;
• administrative law both with regard to decisions by the IGJ, Ministry of Health, Welfare and Sport, Municipalities under the WMO and with regard to licensing and procurement;
• complaints and disputes of the Wkkgz including disciplinary law under the BIG Act;
• construction law;
• liability law;
• law with regard to privacy and data protection.

Legal support and advice

We provide legal advice and support to healthcare providers in the broad sense of the Wkkgz, i.e. to solo healthcare providers and healthcare institutions as well as to individual clients in all the aforementioned areas. We also regularly act as a sparring partner in strategic matters for (managing) directors and/or the Supervisory Board. We also regularly act as a sparring partner in strategic matters for (managing) directors and/or the Supervisory Board. We serve on Supervisory Boards and give lectures so we know the healthcare “world” better from the inside.