Health care is a moving market. The laws and regulations changing regularly pose a challenge to directors in health care. Determining the course of a health care institution is of essential importance. The question “to merge or to cooperate?” is an everyday isssue. Other points of attention are the quality of health care and the supervision of this quality. Computerization of patient files, protection of privacy, and the position of the medical specialist are subjects which the director has to deal with in his or her daily practice.
We also help health care institutions in organizing procedures for both the procurement of required services as the construction of its real estate. For example, we recently provided advice and guidance in the tendering procedure of the newly constructed building for the Prinses Máxima Centrum. We also assist our clients in disputes about tenders in sourcing procedures of health care insurers.
To see examples from our client portfolio, please visit Rechtindezorg.nl, our knowledge platform for directors and managers in the health care sector (in Dutch).
Pragmatic Legal Solutions for Medical Care
The wider scope of market forces and of possibilities for entrepreneurship in the health care sector entail new rules of play, which you will have to comply with. How do you ensure that your new form of cooperation is consistent with competition law? How do you determine the risks of a new initiative? The Health Care Team of Kennedy Van der Laan is happy to support you in this process with advice and to look for pragmatic legal solutions together with you. We closely monitor the changes in laws and regulations and we can help you think about ways to respond to these new challenges.
Specialists of Classic Health Care Law
In addition, our team consists of specialists in the field of classic health care law, including civil-law and disciplinary-law liability of health care providers. We advise and litigate in employment-law disputes within health care institutions, where employees often have a special employment-law position. We offer you guidance if you are confronted with intensive supervision by the Dutch Health Care Inspectorate or the NZa (Dutch Health Care Authority). And we also know the rules of play pertaining to psychiatric hospitalizations and the ethical issues surrounding the beginning and end of life.
The Health Care Team of Kennedy Van der Laan consists of attorneys of various backgrounds and expertise. This combination of expertise enables us to answer all your questions in the field of health care and competition.
Chambers Europe 2016 – Health Care– Band 3
What the team is known for Represents the developers of medical products in complex litigation proceedings. Noteworthy expertise advising healthcare institutions on mergers and joint ventures. Also offers experience of medical discipline and medical liability cases, as well as assisting with investments in the healthcare sector.
Strengths (Quotes mainly from clients)
“What the lawyers deliver is always good; you really feel the additional worth they bring.”
What’s new? Reade and Kinderhospice Binnenveld are new additions to the client roster.
Work highlights Advised the Prinses Máxima Centre for Child Oncology on corporate governance, building a new hospital and co-operation with UMC Utrecht.
Fenna van Dijk assisted BovenIJ Ziekenhuis with the restructuring of its corporate relationship with medical specialists. One client said: “She is very hands-on, practical and quick with her answers.”She often advises clients on the corporate aspects of healthcare law, including the governance of institutions.
Significant clients VUmc, Ambulance Amsterdam, EPIC, Certis, Syngenta.
Legal 500 EMEA 2016 – Healthcare and Life Sciences – Tier 3
Kennedy Van der Laan’s team is headed by Fenna van Dijk and Maarten Schut; it is the sole counsel to Prinses Máxima Centre for Child Oncology, advising it on the establishment of the hospital and research centre due to open in 2017.
Chambers Europe 2015 – Health Care– Band 3
What the team is known for Covers all corporate matters in the healthcare sector. Handles medical liability claims and disciplinary cases in addition to M&A and investment transactions. Largely focused on domestic hospitals and affiliated healthcare organisations.
Strengths (Quotes mainly from clients)
“The team is very no-nonsense, which really fits in the healthcare business; it is a mixture of a personal and a practical approach.”
Work highlights Advised GML on the sale of its subsidiary GML Dialysezorg and handing over control of dialysis institution Stichtung Carenalis to B. Braun Medical.
Defended Vereniging van Zorgaanbieders voor Zorgcommunicatie against a claim that states that the current set-up of its electronic patient files system is unlawful and breaches privacy laws.
Newly ranked Fenna van Dijk leads the firm’s healthcare department and concentrates on domestic M&A matters. Her recent work highlights include advising Prinses Máxima Centre for Child Oncology on all issues relating to the establishment of its hospital and research centre. Clients praise her “reliability in meeting deadlines and delivering tailor-made advice.”
Significant clients Alert, Arkin, EPIC, GGZ inGeest, VUmc.
Testimonial BovenIJ Ziekenhuis
Kennedy Van der Laan has assisted the BovenIJ Ziekenhuis excellently in establishing the cooperative association of medical specialists of the BovenIJ Ziekenhuis and the personal private companies of the medical specialists required for this purpose.
These tax changes had to be carried through as per 1 January 2015, so there was little time to achieve all this. This is the reason why we have experienced the personal manner of communication and swift action as very useful.
Fenna van Dijk and her team not only gave us legal advice, Fenna also took the entire logistic support for her account. Precisely because junior civil-law notary Sophie Morriën was seconded to the hospital, the medical employees could be consulted quickly and we were fully reassured that the incorporation of the companies would be ready within the time schedule given. Jan Schouten was a valuable sparring partner in setting up the governance of the cooperative association.
What we appreciated most is that the team actually put itself in the position of the medical specialist. This is what you hope in advance, but it really appeared to be the case in practice. As a result, the financial, tax and organizational team has made matters as easily accessible and manageable as possible for our medical specialists.
Coöperatie MSB U.A. in het BovenIJ Ziekenhuis
Testimonial of legal advisor of the board of GGZ inGeest:
The integration of GGZ inGeest (center for mental health care) with VUmc (VU medical center) required a substantial harmonization of all kinds of legal matters. For this purpose, together with Kennedy Van der Laan we have developed uniform contract formats for ten of the most common contracts within, inter alia, the facilities and real estate departments. Kennedy van der Laan is a law firm that transfers knowledge in a special way, has open-minded employees and offers unorthodox solutions to problems of their clients. For instance, they introduced me and our mental health care institution to the way in which they share their legal knowledge in their own firm. They lent us their knowledge manager and a very experienced process counselor, who gave us hands-on support in building our own contract management system. Kennedy Van der Laan is inspiring, operates from a sound legal-substantive base and is even cost-conscious too. Their employees are easy to deal with and informal, but most certainly also professional and businesslike. Our collaboration has been a very pleasant experience.
Alexandra Reijerse, legal advisor of the board of GGZ inGeest
Testimonial of BMEYE BV:
“… We are extremely satisfied with the long-term collaboration in which we can work with one single law firm in strongly varying areas and which is characterized by customer- and service-orientedness, active thinking along with us and high quality. …” Rob de Ree, CEO BMEYE B.V.
Since its incorporation in 2005, when it was assisted in its spin-off from TNO, BMEYE BV has always worked with Kennedy Van der Laan. Kennedy Van der Laan takes care of a broad range of work for us, varying from the guidance of financing rounds to international distribution contracts, contracts with strategic suppliers and employment law. We are extremely satisfied with the long-term collaboration in which we can work with one single law firm in strongly varying areas and which is characterized by customer- and service-orientedness, active thinking along with us and high quality. Also the continuity within the firm in the past six years has ensured an efficient way of collaboration.
Rob de Ree, CEO BMEYE B.V.
Testimonial of Stichting Carenalis and GML Dialysezorg B.V.:
“… Our relationship is characterized by openness, mutual commitment and the wish to learn from each other. The team guarantees a client-oriented approach. …”
Dr. Bruno Rosen, director of Stichting Carenalis and GML Dialysezorg B.V.
Kennedy Van der Laan has been the regular lawyer of Carenalis and GML Dialysezorg since 2008. They advise our organization about the legal sides of the business operations, including health care-law issues, advice on setting up collaborative ventures, real estate projects and employment-law issues. Our relationship is characterized by openness, mutual commitment and the wish to learn from each other. The team guarantees a client-oriented approach. They ensure the fast resolution of conflicts in favor of their clients. Moreover, Kennedy Van der Laan provides me with constant access to all competences that I may need for our organizations. Kennedy Van der Laan always guarantees a personal approach and a good price/quality ratio.
Dr. Bruno Rosen, director of Stichting Carenalis and GML Dialysezorg B.V.
Testimonial of a medical specialist:
“…Our arguments were turned into understandable legal language and were the basis for a clear defense. …” Medical specialist
Some years ago, as a medical specialist I was summoned before the Disciplinary Court by a family member of a deceased patient for alleged negligence. A meeting with the doctors in attendance was resolutely rejected by the family. The hospital offered me legal assistance. I discussed the case step by step with mr. Inge de Laat (of law firm Kennedy van der Laan). Our arguments were turned into understandable legal language and were the basis for a clear defense. The combination of a good understanding of the medical business, a good legal brain and a pleasant personal guidance were the tools that helped realize my eventual acquittal.
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