Minister De Jonge sent three draft decrees worth reading to the Senate and House of Representatives on May 26. Two decrees result from the Healthcare Providers Accession Act (Wtza) and the Healthcare Providers Accession Act (AWtza) Adaptation Act. Both were passed by the House of Representatives on Feb. 11. The third decree concerns acute care and is a clarification of the roles within regional acute care chains and the requirements for healthcare providers providing acute care.
authors: Fenna van Dijk & Eline Lam
Below is a brief summary of the three decisions.
The Wtza establishes an obligation to report and license for both new and existing healthcare providers. This law greatly expands the scope of the duty to report and duty to authorize compared to the current Wtzi authorization. For example, care providers who now have automatic authorization must also report, as must new subcontractors and new youth care providers.
An exception applies to a limited number of healthcare providers. The Wtza Implementation Decree regulates those exceptions. For example, for pharmacies and blood banks (exception to the notification requirement) and abortion clinics and regional ambulance facilities (exception to the notification and licensing requirements).
In addition, the WTZa obliges almost all healthcare providers to establish an independent internal supervisor (read: the supervisory board/council of commissioners). The Wtza Implementation Decree regulates the exceptions to that obligation.
The main exception concerns small healthcare providers. These are:
Care providers providing care with fewer than 10 people, or;
care providers who provide care with fewer than 25 people, if (briefly) care is combined with residence.
They are not required to establish an independent internal supervisor.
The draft decree also sets more requirements for the composition of the supervisory board. This should strengthen the position of independent internal supervision for all healthcare institutions. Finally, this draft decree determines in which cases a certificate of good conduct (VOG) will be requested and for which natural persons.
More information and the full list of exceptions can be found here.
The AWtza imposes requirements on all healthcare providers for transparent financial management. It also regulates the use of financial derivatives and, in principle, requires all healthcare providers to make their annual financial statements public.
The draft amendment BUB WMG regulates the exceptions from the annual reporting requirement, the requirements regarding transparent financial management and the derivatives regulations.
The new expanded target group will have to account for the reporting year 2022 in accordance with the new rules.
The purpose of this order in council is to ensure the best possible accessibility and availability of acute care and preparation for that care through, among other things, good regional cooperation and coordination with regard to acute care in all regions.The role of the regional acute care chain consultation (ROAZ) and the responsibilities of various parties in the acute care chain are made explicit in this draft order in council.
The Minister previously aimed for the Wtza to come into force on Jan. 1, 2021. Due to the corona crisis, the legislative process has been delayed. The aim is now to have the law come into force on July 1, 2021. The sector therefore has an additional six months to prepare for this.
The Internet consultation of the Bill on Integral Management of Healthcare Providers is also being postponed. The Internet consultation will take place in the fourth quarter of this year. The bill will then be presented to the House of Representatives in the spring of 2021.
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