On Friday, 6 October, 2023, the Court of The Hague issued a ruling in the lawsuit brought forward by the Dutch Association of Disabled Care (VGN) against healthcare insurers. Starting in 2024, healthcare insurers will pay a rate VGN considers inadequate. Martin Buijsen, Professor of Health Law at Erasmus School of Law, shares his perspective in De Financiële Telegraaf.
The amount healthcare insurers will pay in 2024 is less than the maximum rate set by the Dutch Healthcare Authority. Healthcare organisations are already grappling with financial difficulties. Buijsen comments on healthcare organisations pursuing a lawsuit: "These organisations are doing this because they are in dire straits. Costs have risen much more than expected. In particular, the personnel expenses that organisations have are high. There is a high sick leave rate among healthcare workers, leading to hiring expensive self-employed individuals. However, the chances of success in court are very slim."
"Healthcare organisations are financially strained"
Buijsen explains why healthcare insurers are paying less than the maximum rate in 2024: "The Ministry of Health has set a budget framework, which has been passed on to healthcare insurers responsible for procuring healthcare in their regions. The budget is not unlimited. Moreover, the Integral Healthcare Agreement stipulates the shift towards delivering more healthcare digitally. All parties are expected to make this transition, but healthcare organisations lack the financial resources to cover the increased costs and invest in digitisation. The first ones to make this shift are the healthcare insurers. They guide their procurement plans towards digital healthcare and attempt to minimise other costs. It is a complex issue in which a judge is asked to decide. That seems hopeless to me."
Buijsen notes that by taking legal action, healthcare organisations can generate publicity for their cause and turn it into a political issue. As anticipated by Buijsen, the Court of the Hague rejected the claims made by the disability organisations. Similar cases will be heard later this autumn.