Key Benefits:
Law of 7 October 2015, laying down rules for the promotion of quality of care and handling of complaints and disputes in care (Law quality, complaints and litigation care)
We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable to lay down rules on the quality of care and the position of clients in the care by rules to promote an effective treatment of complaints by the Commission. or because of healthcare providers and a reasoned and independent treatment of disputes between healthcare providers and clients;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 The following shall be understood in this Act and the provisions which are based thereon:
- Accommodation: a provision of care to be provided by a healthcare provider;
- Alternative healthcare provider: a self-employed, non-registered healthcare provider that provides other care, or an institution that provides other care only by non-registered health care providers;
- other care: actions in the field of individual health care as referred to in Article 1 of the Act on Professions in Individual Health Care , non-wlz-care or Zvw care, as well as acts with a purpose other than promoting or monitoring the health of the client;
- Wlz-care: care or service as defined by or under the Long-term care law ;
- Calamity: an unintended or unexpected event, which relates to the quality of care and which has led to the death of a client or a serious adverse effect on a client;
- client: a natural person seeking care or who is being provided with care;
- File: the written or electronically recorded data relating to the provision of care to a cliёnt;
- violence in the care relationship: sexual interpenetration of the body of, or dismay to, a client, and violence towards a client, by a person employed or commissioned by an institution or a contractor of an institution or by another client with whom the person is responsible for the activities of a client. Customer is staying at an institution's accommodation during the dinner or a part of a part of the business;
- Domestic violence: domestic violence as referred to in Article 1.1.1 of the Social Support Act 2015 ;
- Domestic group: the family or (ex-) partner or carer of victims of domestic violence or child abuse;
- setting: a legal person providing business care, an organisational link between natural persons who provide or do business in business, as well as a natural person providing business care;
- child abuse: child abuse as intended Article 1.1 of the Youth Act ;
- Complainant: the person who has lodged a complaint;
- notification: a written or electronic message about:
1. the functioning of the care or quality assurance of a provider;
2 °. the professional functioning of a health care provider;
3 °. a product or appliance that is applicable to the care, or the action of the company involved in that product or device;
- naexisting:
a. the unseparated spouse and the registered partner of the deceased person, not of the table and bed;
(b) other blood or relatives of the deceased, provided that the deceased provided, at the time of death, wholly or partly in their subsistence, or was required to do so by a court order;
(c) the person who, prior to the event on which liability is based, lived with the deceased person in the family context, and in whose maintenance he provided whole or a large part, to the extent likely to be without the death would have continued;
d. the person who lived with the deceased person in the family context and in whose maintenance the deceased person contributed by the conduct of the common household;
e. relatives of the deceased in the first degree and in the second degree on the sidelines;
- Non-registered healthcare provider: a healthcare provider not listed in a register as referred to in Article 3 of the Act on Professions in Individual Health Care , nor an occupation of which the training is carried out under Article 34, first paragraph, of that Act is regulated or designated;
- Our Minister: Our Minister of Health, Welfare and Sport;
- professional standard: guidelines, modules, standards, care standards, or organizational descriptions related to the entire care process or part of a specific care process and that commit what is necessary to benefit from the client's perspective provide care;
- Healthcare provider solistically: a healthcare professional who provides professional and professional care, other than employed or immediately or indirectly, on behalf of an institution;
- Representative: the person or persons who must involve a healthcare provider in the fulfilment of obligations to the client on the basis of any legal provision, rather than or in addition to the client;
- take care: Wlz care, Zvw care and other care;
- Healthcare provider: An institution or a health care provider based on solidially;
- Healthcare professional: a natural person providing professional care.
- Zvw-Care: care or service as defined by or under the Zorginsurance Act.
2 If care within the meaning of this Act are considered care and other services, for the cost of which a grant is provided on the basis of Article 44 of the General Law of Special Sickness Benefits or Article 68 of the Zorginsurance Act .
3 In the case of, or under general management, provision can be made to ensure that this law does not apply in respect of the use of funds, pharmaceutical care, emergency services, provision of nursing and transport services as defined by or under the provisions of the Health insurance law or the Long-term care law .
4 In so far as it concerns operations to assess the state of health or medical guidance of a client, performed on behalf of a client other than that client in relation to the determination of claims or obligations, the the admission to an assurance or provision, or the assessment of the suitability for an education, employment relationship or the performance of certain activities, is Chapter 3 Not applicable.
5 An institution which provides a part of that care within the framework of the care provided within another institution shall not be regarded as an institution within the meaning of this Law.
6 If an institution is formed by an organisational link between natural persons, the obligations arising out of this Act shall be addressed to each of those persons.
7 A health insurer as referred to in Article 1 of the Zorginsurance Act or Article 1 of the Act of long term care ensure that, for the purposes of this Act, only healthcare provider is provided by healthcare professionals who are employed with him.
1 The care provider offers good care.
2 'Good care' means good quality and good quality:
a. which, in any event, is safe, effective, efficient and client-oriented, granted in a timely way, and is tailored to the real needs of the client,
b. in which caregivers act in accordance with the responsibility of them, resulting from the professional standard, including the corresponding Article 66b of the Zorginsurance Act in the public register included for them applicable professional standard; and
(c) taking care of the rights of the client carefully and also with respect to the client.
3 By way of derogation from the first paragraph, an alternative care provider shall only provide care that does not result in damage or a significant likelihood of harm to the client ' s health, with due diligence in respect of client rights. The client also is treated with respect.
The care provider shall organise the provision of care in such a way, serve both qualitative and quantitative resources of human and material resources and, to the extent necessary, architectural facilities and, if he is a healthcare provider, as intended in Article 1, first paragraph, part f, 1 ° It shall also ensure the allocation of responsibilities, powers, and reconciliation and accountability, which should reasonably lead to the provision of good care.
1 Where the care provider is an institution:
a. He shall be satisfied that the manner in which caregivers who provide care to his clients have functioned in the past do not stand in the way of employing health care providers in the provision of care;
b. shall only concern care providers or contractors with whom, unless private or public employment is concerned, he has concluded a written agreement to ensure that they are present in the course of their work. allow work to be carried out by the legal obligations resting on the healthcare provider and the rules established by the healthcare provider as regards the provision of care.
2 In the case of, or under general management, rules may be laid down in respect of situations where a healthcare provider who is an institution must be in possession of a declaration of conduct as referred to in Article 3 (1). Article 28 of the Law and Criminal Justice Act for caregivers who provide care to their clients as well as for persons other than health care professionals who can contact their clients and the requirements that may be made to that declaration.
3 By or under general management measure, rules can be made about the situations in which a health care provider who is a solistically employed healthcare provider must be in possession of a statement about the behavior as intended Article 28 of the Law and Criminal Justice Act .
4 An agreement as referred to in paragraph 1 (b) shall not be in the responsibility of the health care provider arising from the professional standard applicable to that member.
In the case of, or under general management measure, the categories of healthcare providers designated by the measure may:
a. Rules shall be laid down regarding the use and periodic quality and safety checks of equipment to be notified under that measure and used in the provision of care, and
b. if required, the quality level of care required by the Article 2, first paragraph , and 3 shall be defined in more detail.
The care provider providing care to which a client's stay in an accommodation shall carry with it during the course of the day shall ensure that:
a. mental care is available, which connects as much as possible to the client's religion or life belief;
b. as far as care is concerned as defined by or under the Long-term care law , when drawing up a long-term housing plan, a major remodeling, new construction or relocation of an accommodation, research is done according to the life wishes of the affected clients.
1 The healthcare provider contributes to systematic monitoring, control and improvement of quality of care.
2 The obligation of the first member to take account of the nature and extent of the provision of care, in:
a. the systematic collection and registration of data relating to the quality of care in such a way that the data is comparable for everyone to data from other healthcare providers of the same category;
b. The data referred to in subparagraph (a) shall be used in a systematic manner or in the manner in which they are to be executed; Article 3 lead to good care;
c. to change the manner in which the verification is based on the outcome of the review, referred to in subparagraph (b). Article 3 shall be executed.
1 The healthcare provider shall establish a report code identifying incrementally and reasonably contributing to signals from domestic or child abuse that can be provided as quickly and adequately as possible.
2 The care provider shall promote knowledge and use of the milk code.
3 In the case of or under general management measures, it shall be determined from which elements a milk code exists in any case.
1 As far as necessary for the proper functioning of the systematic surveillance, management and improvement of quality of care, shall be entered in a register as intended Article 7, second paragraph , without the consent of the data subject, personal data processed in respect of internally reported incidents, including health data.
2 The healthcare provider shall establish in writing an internal procedure, which shall be incrementally marked as to how the signals of incidents are being reported. The healthcare provider shall promote the knowledge and use of the procedure.
3 The procedure referred to in paragraph 2 shall be such that it is reasonable to ensure that protection or measures can be provided as quickly and adequately as possible, and shall ensure that there is no knowledge of personal data. taken by persons other than the staff member or staff responsible for the treatment of incident signals.
4 In the case of, or under general management, the elements of the procedure shall be determined.
5 The person who is obliged by law or by virtue of his profession to secrecy may, without the consent of the client, may, in accordance with the procedure laid down, make the information available to that person designated for that purpose. include personal data, data on health and other special personal data as referred to in the Personal Data Protection Act, which are necessary to consider an incident.
6 Data in the register referred to in Article 7, second paragraph , concerning internal reported incidents, except those relating to a calamity or violence in the care relationship, may not be used as evidence in civil, criminal, administrative or disciplinary proceedings, Nor can a disciplinary measure, an administrative sanction, or an administrative measure be based thereon. By way of derogation from the first sentence, the data for the criminal record may be used if they cannot reasonably be obtained in a different way.
7 The entries in the register referred to in Article 7, second paragraph , concerning internally reported incidents, are not public.
8 The care provider that provides care for a registry as intended in Article 7, second paragraph , is the person responsible in the sense of Article 1 (d) of the Personal Data Protection Act For that register.
1 The care provider provides the cliёnt, in order to enable him to make an informed choice between different healthcare providers, at his request information about the care provided by healthcare provider, including the rates and the quality, as well as on the experiences of clients with that care.
2 The care provider shall also inform the client of the existence or otherwise of a scientifically proven efficacy of such care as well as on the waiting period.
The care provider does to a cliёnt, as well as a representative of the client or a naexisting of the deceased client, without delay communication of the nature and power of incidents during the provision of care to the cliёnt that is intended for the cliёnt have or may have appreciable effects and shall record the nature and force of incidents in the client's file. The time at which the incident occurred and the names of the persons involved in the incident shall also be noted. In this respect, the care provider shall also inform the client of the possibilities of reducing or limiting the effects of the incident.
4 At the request of the client, the healthcare provider informs the client of the rights arising out of this Act for him.
1 The healthcare provider shall report without delay to the State Supervision on public health of:
a. Any calamity that has taken place during the provision of care;
b. violence in the care of care;
(c) the denunciation, decomposition or non-continuation of an agreement as referred to in Article 4 (b) (b) with a health care provider on the basis of his assessment that the care provider has been seriously deficied in its functioning.
2 The healthcare provider and health care providers who provide care to his clients shall provide the information, including the information referred to in paragraph 1, to the supervisory official referred to in the first paragraph. personal data, data relating to health and other specific personal data as provided for in the Personal Data Protection Act, which are necessary for the examination of the notification.
1 Our Minister maintains a public register, in which he takes up the following information from all healthcare providers:
a. Name or other indication;
b. the legal form;
c. the Commercial Registry Number;
d. the address of establishment;
e. the address or addresses on which or from which the care is provided;
f. The forms of care that are provided.
2 Our Minister is responsible for ensuring that the register, the Article 38 of the Health Organisation Act publicly disclosed information, the register, referred to in Article 3 of the Act on Professions in Individual Health Care , the data referred to in the Articles 15 and 16 of the Law Admission Care Institutions and information on the quality of care provided, intended in Article 66d of the Zorginsurance Act , to be seen in connection with each other.
1 The healthcare provider, taking into account the nature of the care and the category of clients to which care is provided, provides in writing an effective and low-threshold accommodation and handling of complaints relating to them, which is in conformity with the requirements of the to the particular paragraph of this paragraph.
2 The care provider shall establish the scheme in accordance with a representative organisation of clients.
3 The second paragraph shall not apply in so far as the scheme relates to an institution and to the care provider in respect of the scheme for that institution on the basis of any legal provision of the opinion or the consent of a The cliёntenraad must be obtained.
4 The care provider brings the scheme, as well as a change thereto, to the attention of the clients and representatives of cliёnts in a suitable manner.
5 In the case of, or under general management, requirements to be met by the scheme referred to in the first paragraph
1 An conduct to a client in the context of the provision of care may be filed in writing by the client, a naexisting of the deceased client or a representative of the client.
2 Furthermore, the refusal of the care provider to consider a person in the context of the provision of care as a representative of a cliёnt may be filed by that person in writing a complaint.
1 The care provider shall designate one or more appropriate persons to whom a complainant, upon request, shall provide free advice with regard to the lodging of a complaint and assist in formulating the complaint and investigating the complaint. options for a solution to the complaint.
2 The care provider shall ensure that a designated person referred to in the first paragraph, if employed by the healthcare provider, is capable of performing its function independently and does not penalises him by the manner in which it carries out its duties.
1 A complaint is carefully examined.
2 The handling of a complaint is aimed at reaching a solution satisfactory to the complainant and the care provider.
3 The complainant is kept informed of the progress of the handling of the complaint.
1 The complainant receives, as soon as possible, but not later than six weeks after the lodging of the complaint, a written communication from the healthcare provider stating the reasons for the assessment of the complaint, what decisions have been taken by the healthcare provider and following the complaint and within what period of action it has been decided to take.
2 If the required careful examination of a complaint is brought to the discretion of the care provider, the care provider may extend the period specified in the first paragraph by a maximum of four weeks. The healthcare provider shall make a written notification to the complainant before the expiry of the time limit.
1 The healthcare provider is affiliated with a dispute settlement body, which complies with the provisions of this paragraph.
2 A dispute settlement body has been approved by Our Minister.
3 The regulation of our Minister lays down rules on the recognition of a dispute settlement body as referred to in the second paragraph.
4 By arrangement of Our Minister of Defence, in agreement with our Minister, further rules shall be put in place to the Dispute Settlement Body to which he is affiliated in order to ensure expertise on military health care.
5 The care provider shall provide the possibility to submit disputes to the dispute settlement body as well as a change in them, in a suitable way to the attention of the clients and representatives of clients.
1 The dispute settlement body shall have the task of resolving disputes concerning behaviour of a healthcare provider towards a client in the context of the provision of care.
2 The dispute settlement body is set up by one or more representative client organisations and by one or more representative organisations of health care providers.
3 The dispute settlement body shall exercise its activities on the basis of a written procedure, which shall ensure that the provisions of this paragraph are complied with.
The dispute settlement body is competent to decide on a dispute by means of binding advice, as well as to grant compensation of damages up to, in any event, € 25,000.
1 A dispute with a healthcare provider may be submitted to the dispute settlement body in writing by a client, a naexisting of a deceased client, or a representative of the client, if:
a. has been acted in violation of § 1 ;
(b) the communication referred to in 17, first paragraph , his complaint to his opinion does not sufficiently take away;
c. He cannot be required, under the circumstances, to complain to the care provider in the context of the care provided to him in the context of the care provided to him by the care provider.
2 A dispute may also be submitted to the dispute settlement body in writing by a person who has been wrongly not considered as representative by the healthcare provider, if the notice, intended to be Article 17, first paragraph , his complaint, in his opinion, does not take sufficient account of it.
3 Furthermore, a dispute may be submitted to the dispute settlement body in writing by a foundation or association with full jurisdiction, provided that an interest is in dispute that the foundation or association, in accordance with its statutes, representing.
1 The dispute settlement authority shall rule no later than six months after the submission of the dispute.
2 In cases where, having regard to the nature of the dispute and the interests involved, the dispute settlement body shall, by way of derogation from the first Member, give a ruling.
3 Disputes in disputes shall be made public in such a manner as to ensure that they are not retraceable to persons, except in so far as the provider of care is concerned.
Any person involved in the implementation of this Chapter shall be given information on which he or she is of the confidential nature or may reasonably suspect, and who is not already under the terms of office, occupation or legal profession; In order to ensure that such information is subject to confidentiality, confidentiality shall be required, except in so far as any provision of law requires it to be disclosed or is required to do so in the execution of this Chapter. to be published.
1 Public health officials are responsible for monitoring compliance with the requirements of, or under the conditions of, compliance with the requirements of the Articles 2 to 11 and 13 to 23 , or in a clue or order as referred to in Article 27 or Article 28 is determined. They report on that to our minister.
2 The monitoring of compliance with the provisions of, or under the conditions of, the Articles 2 and 3 is also aimed at promoting the use of standards by healthcare providers and health care providers.
3 The officials referred to in paragraph 1 shall be empowered to enter a dwelling without the permission of the occupant, with a view to taking the necessary equipment, to the extent that the dwelling is part of a construction plant for the provision of care.
4 The officials referred to in paragraph 1 shall, in so far as they are necessary for the performance of their duties and by way of derogation from Article 5:20, 2nd paragraph, of the General Law governing the administrative law -authorized access to clients ' files. In so far as the care provider concerned is required by virtue of his profession to cover the confidentiality of the file, the same obligation shall apply to the official concerned.
5 The officials referred to in paragraph 1 shall be competent to exclude from treatment a provider of health care that an obligation arising before it arises from or under that law, unless there is a situation in which the person concerned is not the safety of clients or care may pose a serious threat, or otherwise reasonably be in the way of good care.
1 The in Article 24 said officials are investigating reports from providers and health care providers as intended Article 11 and other reports, in order to establish whether a situation is likely to pose a serious threat to the safety of clients or care, or otherwise necessares further investigation in view of the importance of proper care.
2 In the case of, or under a general rule, rules shall be laid down concerning:
a. the manner in which a notification is made and the information, which shall contain at least the notification;
b. the manner in which a notification is examined and the time limits within which the reporter and other interested parties are informed in writing that the notification is being examined or not being further examined or what the outcome of the notification is to be examined; research;
c. the way in which the State Supervision of Public Health informs the provider of the care at his request or has been established that there is a situation, as referred to in the first paragraph;
d. cases where further investigation of a notification shall be omitted;
e. the manner in which the investigation is concluded, outside the cases referred to in point (d), and provides information to the reporter and to other persons involved.
3 In so far as the examination of a notification of a client's notification has been made available to the State Supervision on public health, where the health care provider concerned is under a duty of secrecy pursuant to his profession, equal liability for State Supervision officers towards others than the client.
4 If the State Supervision of Public Health finds that one of the situations referred to in the first paragraph is present, it shall take appropriate action, including the notification of judicial authorities.
1 The State Supervision on Public Health and the Netherlands Sea Authority, intended in the Health Organisation Act The information and information necessary for the performance of their duties shall be communicated to each other, as well as access to information and records, to the extent that it is reasonably necessary for the completion of the task.
2 The State Supervision shall provide the College of Protection with personal data with data and information which may be relevant for the performance of his or her legal tasks.
1 If Our Minister considers that it is certain to or under the Articles 2 , 3 , 4, first paragraph, parts a and b , and 5 to 10 He may, in agreement with our Minister, give the care provider a written instruction in accordance with the law.
2 In the designation, our Minister shall state the reasons on which the provisions of the Court of Justice and the Articles 2 , 3 , 4, first paragraph, parts a and b , and 5 to 10 are not complied with, and the related measures to be taken in relation to them.
3 An indication shall include the time limit within which the healthcare provider must comply.
4 If the taking of measures relating to risks to safety or health cannot reasonably suffer a delay, the supervisory official may give a written order. Where appropriate, it shall be communicated without delay to our Minister for the cooperation of the latter. The order is valid for seven days, which our Minister, in agreement with our Minister, may be extended, as the case may be.
5 The provider of care shall be obliged to comply immediately with the injunction within the prescribed period to the appointment.
6 The power to extend the validity of an order shall not be mandated by an official of the State Supervision of Public Health.
1 If Our Minister considers that the organizational structure of the healthcare provider is severely compromised by the provision of good care as intended in Article 2 , he may be the designation in question Article 27, first paragraph , in the form of a structural measure, to impose on the healthcare provider in order to prevent a continuing infringement of the quality of care provision.
Our Minister shall not give a designation as referred to in the first paragraph:
(a) after, at his request, on the operational effects of the proposed designation for the care provider concerned, a report as intended Article 21, first paragraph, of the Health Organisation Act has been released by the care authority referred to in that Article; and
b. If the objective of preventing the continued infringement of the quality of care provided by means of an equally effective means of reducing the measure is less onerous for the healthcare provider concerned.
1 Our Minister, in agreement with our Minister, shall be responsible for the application of coercion for enforcement of the provisions of, or under the control of, the Articles 13 to 23 Or an under Article 27 or Article 28 given designation or order.
2 Our Minister is empowered to impose a penalty payment to the healthcare provider and healthcare provider who does not provide data as intended. Article 11, second paragraph , or non-cooperation in the inspection of files as referred to in Article 24, fourth paragraph .
1 Our Minister, if necessary in agreement with our Minister, shall be responsible for imposing an administrative penalty of up to € 33.500 on any action or failure to act contrary to the law of the Court. Article 11, first paragraph , whether specific to or under a general measure of management as intended in Article 4, second or third paragraph .
2 The person acting or fails to act in violation of Article 11, first paragraph , whether specific to or under a general measure of management as intended in Article 4, second or third paragraph , shall be held in custody for a period of up to one year or a fine of the third category.
3 The offence referred to in the second paragraph shall be an infringement.
Within five years of the entry into force of this Act, our Minister shall send to the States-General a report on the effectiveness and effects of this law in practice.
1 The Quality Act Care Institutions shall be withdrawn.
2 The Decision quality requirements hospital blood banks and the AWBZ Care Plan discussion decision rely on Article 5 .
1 The Law of complaint clients health care shall be withdrawn.
2 The Law of complaint clients health care continues to apply in respect of complaints lodged before the entry into force of the first paragraph to a Complaints Commission as referred to in Article 4 (1) of the EC Treaty. Article 2 of that Act .
3 Within one year from the date of entry into force of the provisions referred to below, the healthcare provider shall ensure that:
(a) establishment of a scheme as referred to in Article 13, first paragraph ;
b. Attachment to a Dispute Settlement as referred to in Article 18, first paragraph .
4 Until the date of the arrangement as referred to in Article 4 Article 13, first paragraph , has entered into force, remains a scheme established on the basis of Article 2 of the Act of Complaintlaw clients health sector , applicable to the handling of complaints.
5 A communication as referred to in Article 2, fifth paragraph, part of the Act of Complaintlaw clients health sector will be used for the application of Article 21, first paragraph , equivalent to a communication as referred to in Article 17, first paragraph .
The Law of 7 April 2005 amending the Quality Act Care Institutions and the Law ComplaintLaw Clients Care Sector (Stb. 216) is hereby repealed.
Article 4, first paragraph, part b , during one year after the date of entry into force of that article, does not apply to agreements between a healthcare provider and the health care providers and the providers which he provides, provided that they do not conflict with that date. are with the scope of the said item part.
This part has not (yet) entered into force; see the summary of changes
This part has not (yet) entered into force; see the summary of changes
This part has not (yet) entered into force; see the summary of changes
This Law shall enter into force on a date to be determined by Royal Decree, which may be adopted in a different way for the various articles or parts of such articles.
This law is cited as: Law quality, complaints and litigation care.
Burdens and orders that it will be placed in the Official Gazette and that all ministries, authorities, colleges and public servants who so far as to do so will keep their hands on the precise execution.
Entry
Wassenaar, 7 October 2015
William-Alexander
The Minister for Health, Welfare and Sport,
E.I. Schippers
Issued the 11th of November 2015The Minister for Security and Justice,
G.A. van der Steur
