The healthcare industry is facing a large number of changes. These changes concern not only the industry itself, but also the legal framework. The constantly changing laws and regulations form a challenge for all stakeholders.
The healthcare team at BarentsKrans is following these changes closely. This enables us to keep you informed of the developments in this area, and to help you to anticipate the many new challenges.
“Within the health care industry an increasing amount of stakeholders play a role. Hence, governance related issues between those stakeholders, such as management boards, supervisory boards, investors, medical specialists, employees, patient- and client counsels and health care insurers become a regular event. Similarly, corporate law issues such as directors’ and officers’ liability become ever more relevant. Within this scope, our attorneys-at-law and civil-law notaries regularly represent the interests of the stakeholders within the healthcare industry. Not only within the scope of the Healthcare Governance Code, but also further afield.”
Roeland de Mol – Corporate Litigation
“The healthcare faces a large number of changes, caused by social and market changes, technological developments, a changement of the cost recovery system, the new maximum standards for benefits and redundancy compensation for senior managers (“WNT”) and the huge change of labour dismissal law , the ‘WWZ’. Healthcare institutions, their employees and the doctors have to adapt. We advise healthcare institutions and medical specialists in their process to adapt. We assist in disputes referring wages, labour conditions and/ or disability conflicts. Naturally, we take into account the special healthcare collective labour agreements, the rules about re-registration, the WNT, the WWZ and all other relevant rules.”
Caroline van Gent – Employment Law
“Care institutions are facing new demands in developing, exploiting and financing real estate. Care institutions have to finance their housing from income generated by the care they provide. Therefore, a solid health care-related real estate vision for care institutions is necessary. We advise many care institutions on their financing, leasing of premises and letting of accommodations and service costs. We also guide them through new housing and renovation projects. We also successfully supervise and implement the tax-efficient ‘sale-and-ground leaseback’ (erfpachtlease) transactions, being a tailor-made solution and alternative for the traditional sale-and-leaseback.”
Jeffrey Koenecke – Real Estate
“Competition law plays a crucial role in the health care industry. Testing compliance with competition law is a step no organization in this sector may neglect in the decision making process. Companies and/or executives who violate competition law can face heavy fines from the European Commission and the Netherlands Authority for Consumers and Markets (ACM) and the sector is under the tightened supervision of the European Commission, the NZa (Dutch Healthcare Authority) or the ACM. The regulatory framework is also in a constant flux, while supervision is also not standing still. Our Competition team advises and litigates on all aspects of competition law and has experience with filling merger notifications to the European Commission and the ACM.”
Joost Fanoy – Competition & Public Procurement
“As a civil-law-notary I am frequently involved in transactions in the health care industry. I also advise clients in the health care industry on structuring their joint ventures, setting up the best possible corporate structures and advise on corporate governance issues (which includes implementing articles of association and regulations). The past few years have shown an increase in new ways (and new corporate entities) to structure joint ventures, especially in the health care industry. We also have vast experience in assisting health care institutions in distress, reorganizations and untwining existing joint ventures or corporate structures, either by means of legal (de)mergers, liquidation or otherwise.”
Robert-Jan Zwaan – Corporate and M&A