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What are general terms and conditions for care providers? They are the fixed set of standard rules that a care organization applies when entering into a care agreement with clients, residents, or their representatives. They regulate matters that recur in every care relationship—payment, cancellation of appointments, record-keeping, complaints, and liability—so that these do not need to be renegotiated for each client. Moreover, unlike a regular supplier, care providers are subject to mandatory laws (WGBO, Wkkgz) that define and limit these conditions.
The short answer
- What: standard clauses that apply to every care agreement, regardless of the individual client.
- For whom: Mental healthcare institutions, disability care, nursing and care homes, private clinics, paramedical practices, and other healthcare providers.
- Why: uniformity, less discussion afterwards, and clarity regarding rights and obligations.
- Limit: the WGBO and Wkkgz are largely mandatory law — you may not deviate from this in your terms and conditions to the detriment of the client.
- Valid: only if the terms and conditions have been provided before or at the conclusion of the agreement.
What exactly are general terms and conditions for healthcare providers?
General terms and conditions are the clauses you intend to use in multiple care agreements (Article 6:231 of the Dutch Civil Code). They are separate from the individual care agreement — the care plan or treatment plan — and regulate the legal framework surrounding it. Examples include the duration and termination of the agreement, liability, payment of personal contributions, the use of house rules, and the handling of personal data.
The core of the care itself—which treatment, which support—does not belong in the general terms and conditions, but in the individual care agreement or the care plan. The conditions are the home; the care plan is the implementation for each client.
Legal status: WGBO and Wkkgz
Healthcare providers are subject to a stricter legal regime than ordinary service providers. Two laws dominate:
- WGBO (Medical Treatment Agreement Act, Book 7 of the Dutch Civil Code): regulates the treatment relationship, the right to information, consent (informed consent), access to the file, and the retention period of the medical file (in principle 20 years). Mandatory law — your terms and conditions may not fall below this.
- Wkkgz (Healthcare Quality, Complaints and Disputes Act): obligates every healthcare provider to provide good care, appoint a complaints officer, and be affiliated with a recognized dispute resolution body. Incident registration (VIM) and a reporting obligation for calamities also fall under this.
A clause in your terms and conditions that completely excludes liability for a treatment error will not hold up: this conflicts with the WGBO and with the protection of the client as a consumer.
Difference compared to a regular service provider
While a regular business has considerable freedom to limit liability and dictate payment terms, that scope is narrower in the healthcare sector. The client is typically a consumer with additional protection (Section 6.5.3 of the Dutch Civil Code, the black and grey lists). A clause that, for example, restricts the right to complain or imposes an unreasonably high cancellation fee may be annulled as unreasonably burdensome.
In addition, the financing framework partly determines what you are allowed to arrange. For Wlz, Zvw, and Wmo care, fixed rates and conditions often apply from the care office, the insurer, or the municipality. For this care, you may not charge the client a personal contribution that conflicts with public funding; personal contributions are processed through the CAK.
Funding streams: Wlz, Zvw and Wmo
The form of financing determines which payment arrangements you may include in your terms and conditions:
- Wlz (Long-Term Care Act): institutional and severe long-term care. Funding via the Care Office; personal contribution via the CAK.
- Zvw (Health Insurance Act): specialist medical and insured care. Submission to the health insurer; deductible applicable to the client.
- Wmo (Social Support Act): guidance, day activities, and support through the municipality.
- Private: uninsured care or additional services paid for by the client — here you have the most freedom regarding your payment terms.
For mixed organizations providing both funded and private care, it is advisable to structure the terms and conditions so that the payment and cancellation regime is clear for each funding stream.
Complaints, disputes and the file
Three topics that belong in virtually every condition of care:
- Complaints procedure: refer to the complaints officer and the complaints procedure. Mandatory under the Wkkgz.
- Dispute resolution: state with which recognized dispute resolution body you are affiliated. Also mandatory under the Wkkgz.
- File and GDPR: the retention period (WGBO, 20 years), the right of access, and the processing of special personal data (health data) under the GDPR. Refer to a privacy statement.
Delivery: when do they apply?
General terms and conditions bind the client only if they have been provided or made available digitally before or at the time of concluding the care agreement (Articles 6:233/6:234 of the Dutch Civil Code). A reference stating “to be requested at the reception desk” or merely providing a link afterwards is risky. In practice: attach them to the care agreement, have the client or representative confirm receipt, and keep a record of this.
Honest recommendation
For most healthcare providers, general terms and conditions are not a luxury: they prevent disputes regarding payment, cancellation, and liability, and demonstrate that you take the Wkkgz and WGBO obligations seriously. If you provide exclusively private, low-threshold care with a simple, one-off appointment (for example, a single consultation without follow-up), a short agreement is often sufficient, and you do not need a lawyer.
As soon as you work with Wlz, Zvw, or Wmo funding, have vulnerable clients, or contract via representatives, a legal review pays off: the terms and conditions must then align with mandatory healthcare legislation without placing an unreasonable burden on the client. For content, see drafting general terms and conditions for care providers , and for outsourcing, see having general terms and conditions for care providers drafted. You will find a ready-made starting point in our general terms and conditions for care providers.
Frequently Asked Questions
It is the fixed set of standard rules that a healthcare organization applies to every care agreement: payment, cancellation, liability, record-keeping, complaints, and disputes. They are separate from the individual care plan and are shaped by mandatory laws such as the WGBO and Wkkgz.
General terms and conditions themselves are not legally mandatory, but components thereof are indirectly: the Wkkgz mandates a complaints procedure and affiliation with a dispute resolution body, and the WGBO mandates record-keeping and information. In practice, you specifically stipulate these obligations in your terms and conditions.
The care agreement or care plan regulates the specific care for that particular client: which treatment or support. The general terms and conditions regulate the surrounding legal framework, which is the same for everyone. Together, they form the complete agreement.
Complete exclusion is not possible. Liability for a medical error conflicts with the WGBO (Dutch Medical Treatment Agreement Act) and consumer protection; such a clause can be annulled. Limiting liability to a reasonable maximum or to the insured sum is often possible, provided it is not unreasonably burdensome.
Yes. With those funding streams, fixed rates and conditions often apply from the healthcare office, insurer, or municipality. You may not demand a personal payment from the client that conflicts with these; personal contributions are processed through the CAK. With private care, you have more freedom.
Only if you hand them over or make them available digitally before or at the conclusion of the care agreement. Referring to conditions that are only provided afterwards is risky. Attach them to the agreement and have receipt confirmed.
Health data is special personal data under the GDPR and requires extra protection. The WGBO prescribes a retention period of 20 years in principle and grants the client the right of access. Refer to a privacy statement and the retention period in your terms and conditions.
