Healthcare

The lawyers and (junior) civil-law notaries in our team have knowledge of healthcare law and practical experience in the healthcare sector. They advise on and assist with, among other things:

• Joint ventures
• (Re)structuring healthcare organisations
• Setting up articles of association and regulations
• Management and supervision / Care Governance Code
• Mergers, demergers and acquisitions
• Dissolutions and liquidations
• Establishments
• The Care Institutions (Admission) Act (WTZi)/Wet on the Admission of Care Providers (Wtza)
• Profit distributions

We advise and litigate on the protection of developed software or tools by intellectual property rights (such as copyright, design right or trademark law), the conclusion of IT contracts (e.g. on patient records and SLAs), licensing contracts, research contracts and NDAs and advertising law. Our privacy team has considerable expertise in the collection, use and exchange of (special) personal data (health data) and assists, among other things, in concluding processor agreements and handling inspection requests in accordance with the AVG and other relevant legislation. When developing or procuring healthcare-related products, we help think about product liability and market access (MDR). We also have a particular specialisation in e-health (apps, smart devices, digital consultations) and the use of Artifical Intelligence in healthcare. We work for various organisations operating in this field, such as healthcare providers (care and cure), governments, app developers, ICT companies and patient organisations. Furthermore, we advise on issues such as:

• (Electronic) patient records
• Medical confidentiality
• Electronic data exchange in healthcare act (Wegiz)
• Privacy policies and privacy statements
• International data exchange
• Data protection impact assessment (DPIA)

We advise and litigate for healthcare institutions and other organisations in the healthcare sector on all types of questions related to the application of competition rules in healthcare and the risks of enforcement by the ACM. This includes guidance and advice on:

• Mergers and acquisitions
• Chain care and other partnerships
• Compliance
• Dominant position/major market power
• Proceedings at ACM or NZa

Health law is a multidisciplinary field of law dealing with the rights of and relationship between patients, care providers and health insurers. In the field of health law, we advise on, inter alia:

• NZa tariff decisions
• Funding of healthcare institutions
• Drafting and/or terminating care agreements
• Favouritism
• Healthcare (Market Regulation) Act
• Medical Treatment Agreement Act
• Medical Secrecy Act
• Medical Devices Act

Healthcare institutions face complex employment law issues. These include workplace health and safety, union activity, workload and staff shortages. It requires specific legal expertise and knowledge of the sector to prevent or cope with the resulting problems as much as possible. Our lawyers will be happy to help you with issues relating to, among others:

• CAO
• Co-determination and labour relations,
• Reorganisations
• Outsourcing of activities
• Health Care Client Participation Act 2018
• Medical Examinations Act
• Working Conditions Act
• Top Income Standardisation Act (WNT)
• Privacy in the workplace

Ploum assists you from start to finish during every phase of a procurement procedure. We also advise on a possible procurement obligation for healthcare institutions, procurement WMO and procurement of care by healthcare insurers.