Customer participation of clients law care institutions

Original Language Title: Wet medezeggenschap cliënten zorginstellingen

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month, or Get a Day Pass for only USD$9.99.

Law of 29 February 1996 laying down rules for the promotion of client participation of healthcare providers in the field of social care and health care funded by collective funds

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we have taken the view that it is desirable to establish legal rules to promote the participation of clients of institutions financed by collective funds in the field of social care and social security. health care;

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:

Chapter I. General provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 1

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In this Act the following definitions shall apply:

    • a. Our Minister: Our Minister of Health, Welfare and Sport;

    • b. Setting:

      • 1 °. an institution within the meaning of the Health care institutions Act ;

      • 2 °. any organisational link, acting as a self-employed person, in the form of health care, financed by the company:

      • (3) any organisational link occurring in the company as a self-employed entity which provides for a treatment of addiction and which is financed by our Minister, a municipality or a province;

    • c. healthcare provider:

      • 1. a legal person or a natural person, who maintains an institution;

      • 2. the legal persons or natural persons, who shall jointly maintain an institution;

    • d. client: a natural person for whom the institution is employed.

  • 2 In a ministerial arrangement, the company may be a self-employed entity providing health care, other than under a statutory financing system, through our Minister. funded, are to be regarded as an institution within the meaning of this Act.

Chapter II. Client Boards

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 2

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The care provider shall set up a client council for each institution that it maintains, which shall serve the common interests of the clients in particular within the objectives of the institution.

  • 2 The healthcare provider regulates in writing:

    • a. the number of members of the client board, the method of appointment, which persons may be appointed to a member and the term of office of the members;

    • b. the material resources of the institution, which may be available to the client council for the purpose of its work.

  • 3 The arrangement referred to in paragraph 2 shall be such that the client board shall:

    • a. reasonably representative may be deemed to be representative of the clients and

    • b. could reasonably be considered to represent their common interests.

  • 4 The client board shall arrange in writing its method of operation including representation in and out of law.

  • 5 The costs of conducting legal proceedings by the client board as intended by the client Article 10, second paragraph , shall be charged to the care provider only if it has been informed of the costs to be incurred.

  • 6 After adoption of the scheme referred to in paragraph 2, the healthcare provider shall make provision for the appointment of members of the client board under that scheme. The healthcare provider shall again make the provision of the provisions referred to when the client board has not operated for a period of two years due to the absence of the number of members laid down in the scheme.


Article 3

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The healthcare provider shall, in any event, provide the client board with an opportunity to deliver an opinion on any proposed decision that the institution is concerned with, on:

    • a. an amendment to the objective or basis;

    • b. transferring control or entering into a concentration as defined in the Competition law the conclusion of, or the conclusion of, a lasting cooperation with another institution;

    • c. the complete or partial removal of the institution, relocation or major conversion;

    • d. an important change in the organisation;

    • e. significant reduction, extension or other change in the work;

    • f. the appointment of persons who will exercise directly the highest control of the leadership of labour in the institution;

    • g. the budget and the financial statements; h. the general policy on the admission of clients and the termination of such provision to clients;

    • i. general and general policy in the field of safety, health or hygiene and mental care, social assistance to and recreational opportunities and leisure activities for Clients;

    • (j) the systematic surveillance, management or improvement of the quality of the care to be provided to clients;

    • k. the adoption or amendment of a scheme for the treatment of client complaints and the identification of persons responsible for the handling of complaints from clients;

    • (l) modification of the scheme provided for in Article 2, second paragraph , and the adoption or modification of other arrangements applicable to clients;

    • (m) entruaing persons with the guidance of a part of the institution, in which care is provided for clients who generally reside in that institution for the long term.

  • 2 The opinion shall be requested at such a time that it may have a material impact on the decision to be taken.

  • 3 The client board is empowered also to advise the healthcare provider unsolicits on the subjects listed in paragraph 1 and other subjects of interest to clients.


Article 4

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The care provider does not take any of a written opinion rejecting written by the client board than after that, to the extent that it is reasonably possible, consultations have been carried out at least once with the client council.

  • 2 With regard to the subjects mentioned in: Article 3, first paragraph, points (i) to (m) , except in so far as the decision is to be taken by the healthcare provider under a legal requirement, the healthcare provider does not take any of a decision rejecting a written opinion by the client board, unless the commission, referred to in the Article 10 , it has been established that the care provider has been able to reasonably reach its intention when balancing the interests concerned.

  • 3 The healthcare provider shall make a decision on a subject on which the client board has given written advice, in writing, and to the extent that he deviates from the opinion and stating its reasons, communication to the client board.

  • 4 A decision of the care provider, taken in violation of the second member, is void if the client board has made a written appeal to the care provider in writing to the care provider. The client board may only appeal for nullity within one month after the care provider has informed him of his decision or, in the absence of such communication, the client board has been found to be implementing or applying the healthcare provider shall indicate his decision.


Article 5

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The healthcare provider shall provide the client board in good time and, if requested, in writing all the information and information which it reasonably requires for the performance of its task.

  • 2 The healthcare provider shall also provide the client board at least once a year, orally or in writing, general information about the policy pursued during the period and to be conducted in the coming year.


Article 6

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The care provider may submit to the client board in writing further powers other than those specified in this Act. A decision shall be notified in writing to the client council.

  • 2 The healthcare provider shall provide the client board with an opportunity to advise on an intention to take a decision as referred to in paragraph 1 and to amend a decision in such a manner. Article 4 shall apply mutatis mutandis.

Chapter III. Governance composition

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 7

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If the healthcare provider is a legal person as referred to in Article 3 of Book 2 of the Civil Code, the Statutes provide for a scheme which ensures that clients can influence the composition of the Board of Management. The said scheme shall at least imply that a single board member is appointed on a binding nomination of the client or client boards, unless such a proposal has been made by the possibility of a nomination, has not made use of the use of the individual members of the client.

  • 2 The first paragraph shall not apply where the management of a healthcare provider is made up of one or more persons exercising or exercising that function on the basis of a work relationship to which a pecunious reward is attached. In such a case, the first paragraph shall apply mutatis mutandis to the composition of the body responsible for the supervision or approval of decisions of the Board.

Chapter IV. Publicity

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 8

Compare Versions Save Relationships (...) (External Link) Permanent Link

The healthcare provider shall provide annually a written report on how this law has been applied to the institution.


Article 9

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The care provider shall make public within 10 days of its adoption:

    • a. the annual report;

    • b. Principles laid down in writing for the policy, including the general criteria used in the provision of care;

    • c. the minutes and the list of decisions of the meetings of the Steering Board, in so far as these relate to general policy matters;

    • d. a system of treatment of customer complaints and other arrangements applicable to clients, as well as a scheme as referred to in Article 2, second paragraph ;

    • e. the report referred to in Article 8 .

  • 2 The disclosure shall be made by the documents to be made available to clients and, at the request of such documents, to provide them with copies.

  • 3 Disclosure shall be made in the manner customary in the institution for the submission of communications to clients.

  • 4 For the provision of copies on request, a fee may be charged, at most equal to the cost price, unless the institution is Law open-to-board is applicable.

Chapter V. Compliance

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 10

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The healthcare provider, in agreement with client board or client boards, establishes a three-member committee of trust members, a member of which is designated by him, a member may be served by client board or client boards. designated and a member is designated by the two other members, or designating a trust committee established by one or more client organisations and one or more providers of care providers, who has the task of mediate and If necessary, to make a binding statement:

  • 2 The client board and each client of the institution may ask the cantonjudge of the district court in which the place of residence of the care provider is situated in writing to order the care provider Articles 2, 5, second paragraph, 7 and 8, and the first paragraph of this Article After living. An applicant who has not requested in advance in writing to act in accordance with what has been requested in the application and has not provided a reasonable period of time to comply with that request. declared inadmissible.

  • The cantonal court may, in its decision, impose on the care provider the obligation to carry out certain acts or leave it to the care provider.

  • 4 The provisions of the third section of the fifth title of the second book of the Code of Civil Procedure shall apply mutatis mutandis.

Chapter VI. Transitional and final provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 11

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Law on the Elderly People.]

Article 12

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Health Services Act.]

Article 13

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 This Act shall enter into force with effect from the first day of the second calendar month following the month of issue of the State Sheet in which it is placed, except that:

    • a. The care provider, no later than three months after the date of entry into force, a scheme as intended Article 2, second paragraph , shall determine;

    • b. The care provider no later than three months after the A the provisions of the scheme, which are necessary for the appointment of members of the members of the client council, are to be determined by the provisions of the scheme;

    • (c) Articles 3 and 4 shall continue to be applicable in respect of decisions taken before the date of appointment of members of the members of the client board;

    • d. The Statutes of the Care Provider shall be in accordance with, within six months of the date of entry into force, the following: Article 7 .

  • 2 If before the date of entry into force of this law by the care provider to any organ serving in particular for the purpose of representing the common interests of clients in the institution, powers or material means, The institution shall retain those powers and material resources up to the time as from which the members of the client board are appointed under this law. In so far as these powers go beyond those specified in this Act, those powers shall also be conferred on the Customer Board, subject to the corresponding application of the said powers. Article 6, second paragraph In conjunction with Article 4 .


Article 14

Compare Versions Save Relationships (...) (External Link) Permanent Link

This law can be cited as: Law co-determination clients care institutions.

Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Issued in Gravenhage, 29 February 1996

Beatrix

The Minister for Health, Welfare and Sport,

E. Borst-Eilers

The Secretary of State for Health, Welfare and Sport,

E. G. Terpstra

Published on 4 April 1996

The Minister of Justice,

W. Sorgdrager