Interpretation of ''barrior criterion'' for care provider not clear yet


In Gezondheidsrecht Updates (GZR), Bastiaan Wallage and Eva Jabobs wrote an annotation to the ruling of the District Court of Noord-Holland of 30 January 2018.

In this ruling, the District Court of Noord-Holland (hereafter:

"the court") decided that the compensation of 70 percent of its lowest contracted rate for non-contracted care paid by health insurance company "De Friesland", equalling 55 percent of the applicable NZa rate, constitutes an actual barrier for an insured person to purchase care from a healthcare provider of their choice. The court also assessed the concrete circumstances of the case. In this annotation,

Bastiaan and Eva first of all explain the outlines of the court's ruling. They continue with a discussion of Article 13 of the Health Insurance Act (hereafter: "Zvw") and the health insurance provider's reliance on Article 13 Zvw. Finally, they address the consequences of the ruling for legal practice.

You can download the full article below. Please note the article is only available in Dutch. You can of course contact the author of the article for more information. All of our attorneys-at-law speak fluent English and will be happy to help.

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