Supervision and enforcement
Healthcare has various supervisory bodies, such as the Health and Youth Care Inspectorate (IGJ, Inspectie Gezondheidszorg en Jeugd), which focuses on the quality of care, the Dutch Healthcare Authority (NZa, Nederlandse Zorgautoriteit), which is concerned with the organisation of the healthcare market and the level and legitimacy of the rates. And then there is the Netherlands Authority for Consumers & Markets (ACM, Autoriteit Consument en Markt) which focuses on the healthcare market and competition rules.
Practical questions
What we increasingly see is that reports must be made to the IGJ if there is an emergency or violence in the care relationship. These reports must be made under the Healthcare Quality, Complaints and Disputes Act (Wkkgz, Wet Kwaliteit Klachten en geschillen in de zorg). This involves many practical and legal questions. For example, what powers does the supervisory body have and what do I have to cooperate with if an investigation is initiated based on the report? What are the consequences if the healthcare provider or the person being reported about does not cooperate? Questions such as medical confidentiality also come into play.
Legal steps
With regard to these types of questions, it is essential that the correct legal steps are taken. An emergency, in particular, can have a major impact on a healthcare provider's reputation. Acting carefully and correctly is therefore very important. Our healthcare specialists have extensive experience in assisting clients in such situations. They know the healthcare market, the concerns of the administrator, the actions of the administrative bodies and the ground rules of the administrative and healthcare law.
Enforcement and legal responses
Healthcare providers, for example, are required to provide certain information on a regular basis, but also by actively requesting information or by making on-site visits. In the event of a violation of healthcare legislation, supervisory bodies can take enforcement action to enforce compliance with the rules. This may lead to administrative sanctions.
Administrative sanctions can include enhanced supervision, an instruction, fine, an order subject to a penalty, administrative coercion or a warrant. Administrative-law decisions of, for example, the IGJ or the NZa are first subject to objection and then appeal to the administrative court. If you, as a healthcare provider, do not agree with a decision, it is important to take action. And given the short objection periods in administrative law, it is important to seek legal assistance in a timely manner. This can prevent the decision from being irreversible.
Supervisory bodies can actively disclose supervisory information, such as an enforcement decision, under the Government Information Public Access Act (Wob, Wet openbaarheid van bestuur). In fact, since 1 July 2019, the IGJ is obliged to disclose supervision information, such as an instruction or an order subject to a penalty. This can only be countered with an objection and a provisional relief. We can of course assist you with this.
What we do
We will help you with any questions you may have about the powers of these supervisory bodies and how to best deal with them in practice.. An adequate legal response may also be necessary in all stages or steps taken by the supervisory body. We help you do just that.
If you want more information, please contact one of our specialists.
Get in touch
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Team Supervision and enforcement
How we can help
In a practical, efficient and understandable way, we remove legal obstacles.
