Health Care

“The quality of health care is of essential importance.”

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. The Health Care Team of Kennedy Van der Laan can assist you in this process.

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 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.

Notable practitioners

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.

Legal 500 EMEA 2015 – Project Finance and PFI – Tier 3

Within Project finance and PFI, Kennedy Van der Laan is a third tier firm, Kennedy Van der Laan’s chief strengths lie in the residential and healthcare sectors. The team is advising Prinses Maxima Centrum on all aspects of a new building project, including zoning, procurement and construction contracts. Richard-Jan Roks and Casper Schouten are the key partners.

Legal 500 EMEA 2015 – Competition and European law – Tier 4

Kennedy Van der Laan handles contentious and non-contentious competition matters for a client base of Dutch and international companies, particularly in the technology, media, healthcare and transport sectors. Annemieke van der Beek and Martijn van Bemmel are recommended.

 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.

Nynke Meeuwissen
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.

Medical specialist

Chambers 2015: Kennedy Van der Laan number 1 in IT and Media

Chambers and Partners has published its rankings for 2015. On the basis of annual extensive research on the market and among clients, Chambers and...

30 april 2015 

Update Executives' Pay Standards Act (WNT2)

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15 april 2015 

Remuneration of Senior Officials: Transitional Law Too Easily Forgotten

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15 april 2015 

Kennedy Van der Laan Is Nominated for "Netherlands Law Firm of the Year Award 2015"

The reputable “Chambers Guides” has announced its nominations for the “Chambers Europe Law Firm of the Year Awards 2015″ and Kennedy Van der...

11 march 2015 

New Black List as Prevention Tool Against Criminal Health Care Providers

Recently, the Employers' Association ZorgZijn has put the Warning Register Health Care & Welfare (hereinafter the “Register”) into operation....

30 december 2014 

As of January 2015 Fenna van Dijk partner Healthcare Team Kennedy Van der Laan

As of 1 January 2015, Fenna van Dijk will be named partner at Dutch law firm Kennedy Van der Laan. Fenna practices law in the corporate law group as...

18 december 2014 

Power of Health Care Insurers Increases: NZa Is Going to Supervise More Strictly

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10 december 2014 

Clinical Governance vs. Corporate Governance

The quality of health care is a topical subject. There are different ways in which the board of a health care institution may improve and ensure the...

29 october 2014 

Financing in Health Care; Issue of Bonds?

Health care institutions have a lot of trouble to finance the necessary investments. From recent research it has appeared that many institutions had...

27 october 2014 

Judgment Has Big Consequences; Health Care Insurer Becomes Contracting Authority

The financing system under the Health Care Insurance Act has been a reason for the Court in preliminary relief proceedings to regard private health...

03 july 2014 

The importance of dismissal policy

Court of Noord Holland, Subdistrict Section, Haarlem location, 13 March 2013, 593361/ AO VERZ 13-65 Introduction If an employer catches an employee...

29 may 2013 

More Possibilities for Division of Powers of Shareholders

An interesting change that will perhaps be overlooked at first is the possibility to divide voting rights of shareholders. Such a division is...

23 april 2013 

New European proposal supposed to improve Cybersecurity

On 7 February, the European Commission announced a proposal for a new Directive concerning network and information security. Among other measures,...

15 february 2013 

Bill to Permit Profit Distribution by Hospitals

The intention of the bill is to make it possible for providers of medical specialist care to distribute profits, under circumstances. General and...

28 february 2012 

Court Rules on Online Drugs Sales to Persons Unknown to Care Provider

Court of The Hague, 20 May 2010, LJN: BM5482 The Court of The Hague has recently delivered a judgment in preliminary relief proceedings on the...

30 august 2010 
Fenna van Dijk

Fenna van Dijk

Attorney, Partner

  • Fenna van Dijk Attorney, Partner +31 20 5506 680
  • Annemieke van der Beek Attorney, Partner +31 20 5506 684
  • Hester de Vries Attorney, Partner +31 20 5506 657
  • Chris Nekeman Attorney, Partner +31 20 5506 676