Health law

What we do

Health law is constantly evolving. Health law regulates, among other things, the rights of patients, healthcare providers, and quality, as well as financial and healthcare organization.

Health law is a broad area of ​​our society in which many legal questions arise. The legal issues relate not only to the location of patients, care providers, and healthcare institutions, but also to law enforcement, supervision, and the quality and accessibility of services. Ethics and liability play an important role, while legislation and regulations are complex.

The aim of health law is to protect the rights of individuals and to create balanced relationships within and in relation to healthcare. It concerns good, humane care and a fair distribution of resources. In addition to medical judgments, ethical and legal standards are also addressed. Therefore, medical law establishes relationships and ensures their application on the one hand, while on the other, it acts as a lever for change.

Questions regarding Health Law? Then contact us!

Health law within the social domain

Within the Social Domain , health law takes on a distinct, municipal character. Since the decentralisations, municipalities have been responsible for care and support pursuant to the Social Support Act 2015 and the Youth Act. This creates an intersection where classic health law—patient rights, quality, and supervision—meets with procurement, administrative, and contract law. We advise both care providers and municipalities at this intersection. Our mixed teams of lawyers and in-house counsel work for a wide range of clients: from a nationally operating healthcare group or mental health institution to the independent care provider or small home care organisation—in short, from the international corporation to the baker on the corner.

Quality and patient rights: Wkkgz and WGBO

Strict quality requirements apply to every healthcare provider. The Healthcare Quality, Complaints and Disputes Act (Wkkgz) mandates the provision of “good care,” an internal complaints procedure, affiliation with a recognized dispute resolution body, a reporting obligation for calamities to the Health and Youth Care Inspectorate (IGJ), and a due diligence obligation when hiring personnel. In addition, the Medical Treatment Contracts Act – included in Title 7.7.5 of the Dutch Civil Code (Articles 7:446 to 7:468 BW) – regulates the core rights of the patient: information and consent (informed consent), access to the medical file, the retention period, and medical professional secrecy. We translate these obligations into workable protocols, complaints procedures, and treatment agreements, and assist you when the IGJ asks questions or investigates a report.

Healthcare purchasing and tendering by municipalities

Municipalities purchase Wmo and youth care via tenders, “open house” procedures, or subsidies. In doing so, the principles of transparency, equal treatment, and non-discrimination apply, as well as the obligation to apply realistic rates that do not undermine the continuity and quality of care. Since July 1, 2024, the tendering regime for the Youth Act and the Wmo 2015 has been amended in certain respects, including regarding the option to abandon the MEAT criterion and the requirements for realistic cost prices. We advise care providers on bidding and objections to award decisions, and support municipalities in establishing lawful procurement procedures. Read more about tenders in the social domain and about contracts in the social domain.

Supervision, enforcement and funding

In the social domain, multiple lines of supervision overlap. The IGJ exercises national supervision over the quality of care, while municipalities, through the GGD, supervise the Wmo and themselves exercise legality oversight over the expenditure of healthcare funds. The Dutch Healthcare Authority (NZa) monitors funding under the Health Insurance Act and the Long-Term Care Act. Disputes often arise regarding the recovery of unlawfully spent funds, material audits, fraud investigations, and the governance requirements of the Healthcare Providers Admission Act (Wtza). We assist healthcare providers in these audits and procedures, while always safeguarding the proportionality of access to client files.

Liability, disciplinary law and privacy

If something goes wrong, the healthcare provider or care professional can be held liable. Civil liability for an error in treatment follows from the medical treatment agreement and the rules on breach of contract and unlawful acts (Articles 6:74 and 6:162 of the Dutch Civil Code), with central liability of the institution pursuant to Article 7:462 of the Dutch Civil Code. In addition, healthcare professionals registered under the BIG Act may face medical disciplinary law. Furthermore, the processing of special categories of personal data concerning health is strictly regulated under the General Data Protection Regulation (GDPR). See also our pages on professional liability and disciplinary law and on privacy in the social domain.

How MKB Juristen assists you

MKB Juristen combines lawyers and (corporate) legal counsel in a single team, ensuring that advice, negotiation, and litigation are seamlessly integrated. We provide support not only from a legal perspective but also from a business perspective: after all, a healthcare organization must continue to operate. Whether you manage a healthcare group, represent a municipality, or work as an independent care provider – we act quickly, speak your language, and keep costs manageable. You can find related topics on our pages regarding the Social Support Act (Wmo) and the Youth Act.

Frequently asked questions about health law

Who does MKB Juristen work for within healthcare law? For all parties in the healthcare chain: healthcare institutions, mental health and youth care providers, independent healthcare providers, trade associations, and municipalities – from large corporations to small entrepreneurs.

What is the difference between the Wkkgz and the WGBO? The Wkkgz focuses on the organization of good care, complaints and disputes, and the supervision thereof; the WGBO (Articles 7:446 et seq. of the Dutch Civil Code) regulates the individual legal relationship between healthcare provider and patient, such as consent, access to records, and professional secrecy.

My organization is facing an inspection or recovery from the municipality or the NZa. What should I do now? Do not respond on your own initiative. We assess the legality of the inspection and the recovery, safeguard medical confidentiality, and, where necessary, file an objection or initiate legal proceedings. Contact us in a timely manner.