Conglomerate of healthcare institutions Advising the supervisory board of a conglomerate of healthcare institutions on a dispute with the executive board.
Slotervaart Hospital Undertaking an inquiry into the Slotervaart Hospital as per the order of the Enterprise Chamber.
Inquiry proceedings Filing a petition for inquiry with the Enterprise Chamber on behalf of a healthcare institution.
Joint venture Advising a healthcare institution on its shareholder rights and obligations in a dispute with its joint venture partner over a jointly-operated healthcare facility.
Collaboration
Healthcare collaborative in Northern Netherlands Advising three healthcare providers in Northern Netherlands, operating under a single foundation, on establishing the framework for their collaboration and governance structures.
Healthcare collaborative under the Integrated Care Agreement Advising a large consortium of healthcare providers on establishing the framework for their collaboration and the required governance structure for allocating transformation funding under the Integrated Care Agreement (Integraal Zorgakkoord).
Shareholder position in Laboratory Advising an SPV (special-purpose vehicle) established by medical specialists on governance and shareholder rights regarding its minority stake in a laboratory.
Contractual partnership Advising an educational institution on its contractual partnership with a healthcare provider.
Merging of general partnership into PLC Overseeing the merging of a healthcare partnership and a team of employed medical specialists into a new legal entity.
Governance
Collaborative in Friesland Overseeing the review and amendment of the internal governance frameworks, articles of association, policies, and other relevant documents of four healthcare organisations in Friesland.
Governance of a primary care organisation Overseeing the review and amendment of the internal governance frameworks, articles of association, policies, and other relevant documents of a healthcare organisation specialising in primary care for detainees.
Employment law
Poor performance by medical specialists Providing legal guidance to a number of medical specialists throughout performance review processes, including representation in expedited arbitration proceedings and/or full arbitration proceedings before the Healthcare Arbitration Tribunal in relation to a performance review process involving a medical specialist and advising on the legal position vis-à-vis the MSC and the MSA.
Independent contractors Advising a healthcare provider of supported (housing) care services, amongst other things, on potential legal risks associated with its business model under the Employment Relationships Deregulation Act (Wet DBA) and the Healthcare Market Regulation Act (Wet VBAR), particularly concerning the engagement of independent contractors.
Participation rights Advising a healthcare organisation on the participation rights of the trade union and patient client council.
Insolvency and restructuring
Healthcare bankruptcies and financially distressed healthcare organisations A number of our colleagues have been appointed as insolvency administrators in the bankruptcy proceedings of a healthcare institution. Their experience and expertise are also applied in advisory cases involving financially distressed healthcare organisations requiring restructuring or refinancing.
WHOA Advising a healthcare institution on proceedings involving the Court Approval of a Private Composition (Prevention of Insolvency) Act (WHOA) [WHOA is inspired by the English Scheme of Arrangement and the American Chapter 11 system].
Acquisition and sale of healthcare businesses
Mental health institution Advising a mental health institution (GGZ, the sector organisation of specialist mental health and addiction care providers) on the acquisition of another mental health institution and matters involving transfer of business and healthcare real estate.
Dental practices Advising a client on the acquisition and takeover of several dental practices.
Administrative merger Overseeing the administrative merger of two healthcare organisations, evaluating the stakeholder engagement processes, and amending the articles of association and policies.
Healthcare real estate
Passing on of costs to tenants of supported housing complexes Advising and representing operators of supported housing complexes and mental health institutions in proceedings involving the passing on of service charges, utility costs, thermal energy storage (TES) costs, and wellbeing costs to tenants and residents of supported housing complexes.
Healthcare real estate head-lease and sublease agreements Advising an investor on the acquisition of healthcare real estate, complexities surrounding head-lease and sublease agreements, and the knock-on effects of residential tenancies within the head-lease agreement.
Real estate sales and tenancy law considerations in real estate transactions Overseeing the sale of various healthcare facilities and physical therapy and dental practices, and handling the associated lease agreements.
Legal structuring and new build contracts Advising a hospital on the legal structuring of its new-build project, drafting framework agreements, and construction team, building and consultant contracts.
Material change in healthcare procurement Advising a GP service provider on a material change in the process for procuring primary care services for prisons.
Environmental law
Planning application process for supported housing accommodations Advising and representing a supported housing provider in proceedings to oppose the development of new supported housing accommodations in the vicinity of existing ones.
Permitting process for redevelopment of healthcare facility Assisting a healthcare institution to secure the required environmental permits for the redevelopment of its facility, despite the potential presence of protected species (such as bats and nesting birds) and unavoidable nitrogen emissions.
Advising on interpretation of 'permitted use’ in local development plan Advising a supported housing developer on whether the intended type of care aligns with the 'permitted use' of the area as designated by the local authority in the environmental (formerly land-use) plan.
Supreme Court litigation
Plaintiffs v Insolvency Administrators Ruwaard van Puttenziekenhuis pro se We acted in the case ECLI:NL:HR:2019:1494, in which the Supreme Court established a standard for the personal liability of a prospective insolvency administrator during a pre-pack and the subsequent bankruptcy proceedings.
VGZ v Van Brink q.q. We litigated in case ECLI:NL:HR:2019:579, where the Supreme Court ruled on the permissibility of imposing a penalty payment for breaches of an injunction against suspension, withholding or set-off.
Insurance law – Health Insurance Decree We acted in a case involving Article 2.4(1) of the Health Insurance Decree, in which the legal standard was clarified for determining whether health insurance providers were permitted to terminate coverage of particular treatments as ‘medical / specialist rehabilitation care’ (the ‘customarily provided’ criterion).
