General conditions
Care Concepts Europe B.V.
Stationsplein 91
5211 BM 's-Hertogenbosch
Article 1: Definitions:
In these general terms and conditions, the following definitions shall apply:
a. affiliated care provider: care provider with whom an affiliation agreement has been entered into pursuant to article 3 of these general terms and conditions;
b. registration form: the form for registration with Zorg voor Zzp; (See the ordering process)
c. affiliation agreement: the agreement between Zorg voor Zzp and the care provider for the deployment of the complaints officer and complaint handling by the complaints committee and dispute resolution by the disputes committee in accordance with Article 13 et seq. The affiliation agreement consists of the completed application form as well as proof of payment by means of an online payment module;
d. general terms and conditions: these general terms and conditions;
e. dispute handling: handling of disputes on the basis of the Wet kwaliteit, klachten en geschillen zorg [Health Care Complaints and Disputes Act], by a dispute body maintained by Quasir and recognized by the Minister of Health, Welfare and Sport;
f. dispute regulations a dispute regulation drawn up by Quasir:
g. complaint handling: handling of complaints by a complaints officer in accordance with the Quality, Complaints and Disputes Care Act, the Youth Act and the Social Support Act;
h. complaint regulations: a complaint regulation drawn up by Zorg voor Zzp in accordance with the Wet kwaliteit, klachten en geschillen zorg (Care Quality, Complaints and Disputes Act), the Jeugdwet (Youth Act) and the Wet maatschappelijke ondersteuning (Social Support Act);
i. complaint regulations: the complaint regulations drawn up by Zorg voor Zzp as well as the implementation of the complaint regulations;
j. agreement: the agreement between the complainant and the care provider pursuant to the Medical Treatment Agreement Act;
k. client: the client of the care provider;
l. Care Concepts Europe B.V.: the private limited liability company Zorg voor Zzp, established in (5211BM) 's-Hertogenbosch at Stationsplein 91, registered with the Chamber of Commerce under number 73190675;
m. Quasir: established in (7940 KA) Meppel, Postbus 1021, registered with the Chamber of Commerce under number 01125783
n. Wkkgz: Care Quality, Complaints and Disputes Act: Act of October 7, 2015, containing rules to promote the quality of care and handling of complaints and disputes in healthcare;
o. Youth Act; under the Youth Act, municipalities regulate care for children and young people up to 18 years of age;
p. Wmo: Social Support Act 2015: the Act of July 9, 2014 containing rules on municipal support in the field of self-reliance, participation, protected living and shelter;
q. care provider: the person who and has joined Zorg voor Zzp for the purpose of complaint and/or dispute handling and has accepted these general terms and conditions. Care Concepts Europe B.V. - Stationsplein 91 - 5211 BM 's-Hertogenbosch - KvK 73190675 - www.zorgvoorzzp.nl © 2022-2023 Zorg voor Zzp
Article 2: Scope.
These general conditions apply to any affiliation agreement between Care for Zzp and healthcare provider.
Article 3: Formation of the connection agreement
A connection agreement is only established at the moment that:
a. the care provider has successfully completed (as being the ordering process) on the Zorg voor Zzp website by completing the registration form and payment.
Article 4: General
Zorg voor Zzp accepts the care provider if the provisions of Article 3 of these general terms and conditions are met. Zorg voor Zzp and the care provider thereby accept the rights and obligations regulated in the affiliation agreement towards each other.
Article 5: Rights of care provider
1. The affiliation agreement gives both care provider and patient the right to offer complaints and disputes as referred to in article 13 and following Wkkgz, paragraph 4.2.a. Youth Act and article 3.
2 Wmo to Zorg voor Zzp as well as to submit disputes as referred to in article 18 and following Wkkgz to Quasir B.V.
3. The complaints referred to in article 5 paragraph 1 will be dealt with according to the complaint regulations of Quasir B.V.
4. Disputes as referred to in article 5 paragraph 1 shall be dealt with by Quasir B.V. in accordance with the dispute regulations.
5. Zorg voor Zzp and Quasir B.V. shall ensure strict compliance with the complaint regulations, the dispute regulations, other regulations drawn up by the board, the Wkkgz, the Youth Act and the Wmo.
6. Zorg voor Zzp and Quasir B.V. will ensure strict compliance with the General Data Protection Regulation and the Medical Treatment Agreement Act insofar as the latter relates to the retention of data and records.
7. All handled documentation, information and data of the healthcare provider will be treated confidentially. Documents relating to a complaint will not be kept in the care provider's file, but in a separate file managed and kept by Quasir B.V.
Article 6: Duties of healthcare provider
1. The care provider is bound to the complaint regulations or dispute regulations and is also bound to follow reasonable instructions from Zorg voor Zzp or Quasir B.V. about the implementation of the complaint regulations or dispute regulations.
2. The care provider accepts the obligations regulated in these general terms and conditions towards Zorg voor Zzp and Quasir B.V. and abides by them.
3. The care provider is obliged to inform Zorg voor Zzp of changes in addresses, telephone, e-mail, bank account numbers and the number of employees, among other things. Failure to pass on changes in a timely manner is for the account and risk of the care provider.
Article 7: Rates and payment
1. The care provider pays an annual financial contribution to be determined by Zorg voor Zzzp as well as a one-time amount regarding administrative costs upon registration.
2. If a complaint is submitted, the care provider does not owe Zorg voor Zzp any excess. Excluded are: Care providers working within dentistry and orthodontics pay a deductible of 395.
3. For 2020, the excess charged at the start of the complaint treatment is an amount of € 395, including VAT.
(This only applies to healthcare providers working within dentistry or orthodontics)
4. If the complaint becomes a dispute that must be handled by Quasir, If the complaint must be assessed by the Youth Act Complaints Committee or the Wmo Complaints Committee, the remaining part of the deductible will be charged. This remaining amount must be paid prior to the dispute handling by Quasir or the complaint handling by the Youth Act Complaints Committee or the Wmo Complaints Committee.
5. If the complaint is resolved with the help of the complaints officer, the remaining part of the deductible will not be charged. (This only applies to care providers working within dentistry or orthodontics).
6. The amount of the excess as well as the amount of the part that will be charged at the start of the complaints procedure will be determined annually by Zorg voor Zzp.
7.Contrary to article 7, paragraph 2, additional costs will be charged to the healthcare provider if:
- The complaint relates to the performance of activities/actions for which the care provider was not competent/competent at the time of performance;
- The complaint relates to criminal conduct as defined in the Penal Code;
- The complaint relates to a time when the healthcare provider was not affiliated with Care for Zzp:
- If a healthcare provider is not committed to achieving resolution of a complaint.
8. The contribution as mentioned in paragraph 1 will be reassessed annually on the basis of a cost calculation by Zorg voor Zzzp.
9. The amounts as mentioned in article 7 are paid annually or once by direct debit or through an online payment via Ideal. Care Concepts Europe B.V. - Stationsplein 91 - 5211 BM 's-Hertogenbosch - NL 95 INGB 00088 40830 KvK 73190675 - www.zorgvoorzzp.nl © 2019-2020 Care Concepts Europe B.V.
10. The amounts referred to in article 7 must be paid by the care provider no later than the thirtieth day after they become due, after extension.
12. If the amounts referred to in article 7 are not paid on time, this will result in the care provider not being able to claim that a complaint has been handled by Zorg voor Zzp or by Quasir B.V.
13. Zorg voor Zzp reserves the right to transfer the claim to a collection agency if the care provider fails to pay the amounts referred to in Article 7. The costs associated with this will be borne by the care provider.
14. Payment of the annual financial contribution takes place by means of a direct debit authorization to be issued. In case of reversal, a fee of (17.50) will be charged. If payment is not made, reminder costs will be charged, of which (€27.50) for a 2nd reminder and (€37.50) for a 3rd reminder.
Article 8: Regrets
1. Zorg voor Zzp has the power, if a care provider registers with Zorg voor Zzp or Quasir B.V. at the moment that a dispute has been/is submitted to Zorg voor Zzp or Quasir B.V. against him/her and:
a. the care provider in question has not joined a disputes body until that moment, or
b. an earlier affiliation agreement with Zorg voor Zzp has been terminated due to circumstances that were for the account and risk of the care provider, to set a one-off payment obligation in accordance with the so-called regrets opt-out rate.
2. The amount of the regrettable surcharge will be determined annually by Zorg voor Zzp.
Article 9: Duration and termination of affiliation agreement.
1. Each affiliation agreement is valid for an indefinite period of time but will end if:
a. the care provider dies;
b. the care provider is dissolved or ceases to exist as a result of a merger or takeover. If an agreement is dissolved, the dissolution will only pertain to the future. Article 6:271 of the Dutch Civil Code is expressly excluded;
c. the care provider goes bankrupt or is granted a moratorium;
d. the care provider no longer qualifies as a care provider within the meaning of the Wkkgz, the Youth Act or the Wmo. In this case, the care provider will inform Zorg voor Zzp in a timely manner - subject to observance of a notice period - of the decision to stop offering care as qualified within the meaning of the Wkkgz, the Youth Act or the Wmo. The affiliation agreement ends with effect from the following year, counting from the day on which registration is received by Zorg voor Zzp, as a result of which the notice period concerns the period between the date on which the care provider has informed Zorg voor Zzp about the discontinuation of offering care as qualified in the Wkkgz, the Youth Act or the Wmo and the end of the current membership year, with due observance of a notice period of 2 months.
2. An affiliation agreement with Zorg voor Zzp can be entered into at any time during a year, whereby regarding the payment of the contribution affiliation fee the provisions of article 7 subsection 1 and subsection 6 apply.
3. Both parties can terminate the connection agreement. Termination must be in writing and is only possible per year, subject to a notice period of two months.
4. Termination of a connection agreement shall, if the provisions of paragraph 3 of this article have been met, take effect on the renewal date.
5. If the termination by the healthcare provider has not taken place in accordance with the requirements as laid down in paragraph 3 of this article, the affiliation agreement will continue after renewal of the current membership, unless Zorg voor Zzp decides otherwise.
6. Zorg voor Zzp can proceed to suspend a care provider if the care provider acts in conflict with the content of these general terms and conditions, the content of the affiliation agreement, the complaints procedure, the dispute regulations, or any other regulations, protocol or decision of Zorg voor Zzp or Quasir B.V. During the suspension the care provider cannot invoke the rights set out in these general terms and conditions and Zorg voor Zzp or Quasir B.V. is not obliged to perform any services in respect of the care provider. The suspension can only apply for a maximum period of three months. The suspension may be extended once for a further period not exceeding three months.
7. Suspension as referred to in paragraph 6 can explicitly also be applied if and for as long as the care provider does not timely meet any payment obligation to Zorg voor Zzp.
8. The affiliation agreement can also be terminated by unilateral termination, with immediate effect, by Zorg voor Zzp. This unilateral termination is only possible:
a. at the moment that the care provider has been given the opportunity by Zorg voor Zzzp, with due observance of a reasonable period, to fulfil any payment obligation towards Zorg voor Zzp and the care provider still fails to do so;
b. if the care provider has been suspended for a period of two times three months pursuant to the provisions of paragraph 6 and the care provider continues to act contrary to the contents of these general terms and conditions, the complaints procedure, the dispute regulations, and/or other regulations, protocols and decisions of Care Concepts Europe B.V;
c. from the moment that the license for the dispute settlement body, as granted by the Minister of Health, Welfare and Sport, pursuant to the provisions of articles 18 and 19 of the Wkkgz, is withdrawn by the Minister, or is changed in such a way that Care for Zzp or the Quasir can no longer perform its work properly.
9. If Zorg voor Zzp suffers damage as a result of the actions or omissions of the care provider, Zorg voor Zzp can recover the damage from the care provider.
Article 10: Dispute resolution general terms and conditions
1. Complaints about the implementation of these general terms and conditions, the affiliation agreement, the complaints procedure, the dispute regulations, protocols or decisions will be submitted by the care provider to Zorg voor Zzp. Submission of complaints must be in writing.
2. Care Concepts Europe B.V. will handle the complaint with due diligence and strives to settle the submitted complaint within 6 weeks.
Article 11: Final Provisions
1. These general terms and conditions and any affiliation agreement shall be governed by Dutch law.
2. In the event of full or partial nullity of any provision in these general terms and conditions, these general terms and conditions shall otherwise remain in force.
3. Zorg voor Zzp is authorized to decide to change these general terms and conditions if circumstances arise for which these general terms and conditions do not provide (such as changes or replacement of legislation or regulations) and/or which require adjustment in parts.
4. Care Concepts Europe B.V. will properly inform care providers of any amendment to the general terms and conditions.
Version 01-01-2024