Trusted legal partner for the healthcare sector
The healthcare sector is a dynamic and ever-evolving industry. Healthcare institutions and their stakeholders – such as medical specialist companies (MSCs), the medical staff association (MSA), individual medical specialists, partnerships and/or cooperatives, investors, trade unions, patient client councils, and other involved parties – face daily decisions where regulations, collaboration, patient care, the physical environment, and social responsibility intersect.
We understand the dynamics of the healthcare sector and offer legal support tailored to your practice. Practical, strategic, and with consideration for ESG as well as the diverse interests both within and beyond your healthcare organisation – covering governance, collaboration, dispute resolution, financing, restructuring, insolvency, real estate, environmental and planning law, mergers & acquisitions, and employment law.
Expert support at every stage of your organisation's development
The healthcare sector is under pressure. Organisations must navigate ever-changing laws and regulations, a tight labour market with increasing reliance on independent contractors, growing societal expectations, and financial challenges. In this complex landscape, we support healthcare institutions at every stage of their organisation's development.
Our solicitors have vast sector experience and understand how legislation such as the Healthcare Governance Code, the Executives' Pay Standards Act (WNT), the Healthcare Institutions Admission Act (WTZi), the Healthcare Providers Admission Act (WTZa), the Client Participation in Healthcare Institutions Act 2018 (Wmcz 2018), the Healthcare Quality, Complaints and Disputes Act (Wkkgz), the legislative proposal on Good Governance by Healthcare and Youth Care Providers Act (Wibz), and healthcare-specific policies and guidelines are implemented in practice. You can therefore rely on us for practical solutions that carefully balance governance dynamics and societal considerations.
Experience in establishing governance structures
We have extensive experience in advising healthcare institutions on establishing governance structures in compliance with the Healthcare Governance Code. This includes facilitating the incorporation of healthcare enterprises or joint ventures into legal entities such as limited liability companies, foundations, partnerships, or cooperatives. Additionally, we advise healthcare institutions on implementing the mandatory regulations and protocols required under the Healthcare Governance Code, such as rules of procedure for executive and supervisory boards, information protocols, conflict of interest policies, competency profiles for supervisory board directors, whistleblowing policy, and policies on expenses, gifts and invitations. We also have significant experience in properly addressing conflicts of interest and preventing undue influence, along with implementing the necessary control measures.
Disputes in healthcare require a thoughtful approach
Healthcare disputes often involve multiple stakeholders: the executive board, the supervisory board, patient client councils, the (central) trade union, health insurance providers, shareholders, medical specialists, partnerships, the MSA or the MSC. Regulatory bodies such as the Healthcare and Youth Inspectorate (IGJ) and the Dutch Healthcare Authority (NZa) may also become involved.
We can support you in resolving boardroom and shareholder disputes, disputes within healthcare partnerships, performance reviews of medical specialists, and stakeholder engagement processes or quality of care.
Our team combines legal expertise in dispute resolution with in-depth knowledge of healthcare practice. We initially seek to resolve disputes through alternative dispute resolution (ADR), but when necessary, we will pursue matters through judicial proceedings or arbitration – whether in the courts, the Enterprise Chamber, or the Healthcare Arbitration Tribunal.
Healthcare real estate requires specialised expertise
If you develop, lease, or invest in healthcare real estate, you will undoubtedly face a wide range of legal considerations. We will help you in navigating the environmental planning and permitting processes, drafting and negotiating construction team, acquisition and building contracts (Uniform Administrative Conditions for the Execution of Works 2012 (Uniforme Administratieve Voorwaarden 2012 (UAV 2012) and Uniform Administrative Conditions for the Execution of Works for Integrated Forms of Contracts (Uniforme Administratieve Voorwaarden voor Geïntegreerde Contractvormen (UAV GC 2025)), healthcare facility lease agreements (separating housing and care), supported housing contracts, and head-lease and sublease arrangements.
Our real estate and tenancy law specialists understand how healthcare real estate operates within your organisation and ensure compliance with relevant healthcare-specific regulations, such as the policy frameworks of the Dutch Healthcare Institutions Restructuring Board (College Sanering Zorginstellingen).
Legal expertise for the healthcare practice
We provide legal services on a wide range of matters, including:
- Compliance with the Healthcare Governance Code in articles of association and policies;
- Advising on conflicts of interest and prevention of undue influence;
- Restructuring and refinancing of healthcare organisations;
- Impending insolvency of healthcare organisations;
- Resolution of disputes within and among the boards, patient client council, trade union, shareholders, and other internal or external stakeholders;
- Crisis of governance within the executive board and/or supervisory board;
- Inquiry proceedings before the Enterprise Chamber, or summary proceedings or proceedings on the merits before the courts;
- (Alleged) poor performance of medical specialists;
- Issues and disputes concerning the Medical Specialist Company (MSC);
- Arbitration, including before the Healthcare Arbitration Tribunal;
- Directors' and supervisory board members' liability;
- Inappropriate behaviour and boundary violations in the workplace;
- Overseeing reorganisations, collective redundancies, and business transfers;
- Advising on engaging independent contractors under the Deregulation of Independent Contractor Status Act (Wet DBA) and the Healthcare Market Regulation Act (Wet VBAR);
- Advising on temporary hiring and/or seconding of healthcare staff;
- Advising on collective labour agreements;
- Participation rights of patient client councils and trade unions;
- Mergers, demergers, or acquisitions of healthcare real estate;
- Partnership, shareholder, and joint venture agreements;
- Advising on agreements/contracts, disputes in real estate transactions, renovation, new build, development and redevelopment, and leasing or letting of healthcare real estate;
- Advising on agreements/contracts, and disputes concerning the physical environment and environmental law;
- (Appeals) proceedings in diverse disputes, including landmark or complex cases.
Contact us
Please feel free to contact us if you have a legal inquiry or would like to discuss a potential approach. We would be happy to share our ideas with you!
