Changes in the healthcare sector are occurring at a fast pace. Partly this reflects demographic trends and technological developments, but increased government intervention in the healthcare system is a major factor.
Regulation by healthcare authorities and the government is increasing. The expense claims, the rights of healthcare clients, and the distribution of profits are examples. Meanwhile, the effects of European legislation are being felt and healthcare institutions are subject to competition rules. Along with these changes there is a marked trend for consolidation and the sector expects the traditional foundation structure of hospitals and other healthcare institutions in the Netherlands to make way for other types of business entity such as public-private partnerships.
Last but not least, the national government and the healthcare sector are faced with the challenge of controlling healthcare costs, a daunting task. An estimated EUR 11 billion in extra funding must be found in the years up to 2019. As traditional bank funding is no longer available to cover this funding requirement, healthcare institutions must look for alternative finance.
An in-depth, up-to-date knowledge of healthcare
NautaDutilh’s Healthcare sector team possesses a detailed and current understanding of the consequences of these developments both for the business community and for our clients in the healthcare sector. These insights enable us to provide tailor-made solutions to general and university teaching hospitals, Independent Treatment Centres (Zelfstandige Behandel Centra - ZBCs) and other healthcare institutions, entrepreneurs and insurers, as well as offering advice to lenders to, and investors in, healthcare professionals and companies.
Our Healthcare sector team combines their knowledge of the sector with expertise in all relevant areas of law. Each member of the team carefully monitors developments in healthcare from the perspective of their specific discipline. This approach enables us to translate our shared expertise into high-quality, sector-focused legal advice and to offer a complete range of legal services, specifically geared to the healthcare sector.
High-profile cases in the healthcare sector have included the following:
- NautaDutilh has advised on the financing of building and renovation work for a number of healthcare institutions, including Stichting Isala Klinieken (Zwolle), Stichting Orbis Medisch Centrum (Sittard-Geleen), VU Medisch Centrum (Amsterdam), Meander Medisch Centrum (Amersfoort), Stichting Alysis Zorggroep Arnhem), Stichting Ziekenhuis Bernhoven (Veghel), Stichting Ziekenhuisgroep Twente (Almelo en Hengelo), UMC St. Radboud (Nijmegen), Academisch Medisch Centrum (Amsterdam), Groene Hart Ziekenhuis (Gouda), Stichting Reinier de Graaf Groep (Delft), Stichting Zorgpartners Friesland (Leeuwarden) and Stichting Zaans Medisch Centrum (Zaandam).
- NautaDutilh advises on standard loan documentation for (secured) bank loans.
- NautaDutilh assists ZBCs (Zelfstandige Behandel Centra - Independent Treatment Centres) in setting up a group structure that makes distribution of profits possible, taking tax aspects into account.
- Governance Code- NautaDutilh has advised Auris and other healthcare institutions on the implementation of the healthcare-wide governance code.
- Capital Care Partners – NautaDutilh advises Capital Care Partners on setting up and structuring its healthcare investment fund.
- NautaDutilh currently advises RaPar on its investments in the sector.
- Yulius (formerly RMPI/De Grote Rivieren) - NautaDutilh advises Yulius on the distinction between financing under the Exceptional Medical Expenses Act and the Health Care Insurance Act, as well as on its general terms and conditions, data sharing with partners in the healthcare chain, and access to medical records.