Healthcare

The healthcare sector is under pressure. Due to an ageing population and smarter but more expensive treatment methods, costs are increasing, while further rises in healthcare spending are frowned upon. That is why the government has introduced regulated market forces, which means that on the one hand healthcare institutions are deemed to be competing on portfolio choices, quality, price and financing and are dealing with directors’ liability and competition rules. On the other hand, they are heavily regulated in areas such as profit distribution, procurement, remuneration and governance. This interplay requires both medical and organisational creativity.

Focus, economies of scale, innovative healthcare and new forms of financing offer viable solutions for healthcare directors. Houthoff’s Healthcare Team understands these developments. Time and again, we demonstrate our significant added value when it comes to dealing with the healthcare sector. Our Healthcare Team comprises more than 20 legal specialists who know both their own area of specialisation (such as competition law, regulations, governance, M&A, financing, privacy or labour law) and the healthcare sector inside out. If necessary, they can also rely on the expertise of Houthoff’s 280 other specialists. The Healthcare Team advise institutions on matters such as cure and care, healthcare insurers and investors.

Clients appreciate the firm for its "sound, pragmatic and tailor-made advice."

Chambers Europe, Healthcare (2021 Edition)
“A client notes that the team is "solution-oriented, supportive and thoughtful."

Chambers Europe, Healthcare (2021 Edition)
“The team is open and honest and work together.”

Legal 500, Healthcare & life sciences (2021 Edition)
“Intellectual capability is unparalleled, relationship focus is very good, broad perspective in thinking and acting, real part of the movement to create value in healthcare.”

Legal 500, Healthcare & life sciences (2021 Edition)
“The most important quality is knowing how to influence people and Houthoff is good at building relationships.”

Legal 500, Healthcare & life sciences (2021 Edition)
Recommended

Legal 500, Healthcare & life sciences (2021 Edition)
“Clients appreciate the team’s ‘excellent ability to explain legal matters to non-legal management.’”

Chambers Europe, Healthcare (2020 Edition)
First Tier firm

Legal 500, Healthcare & life sciences (2020 Edition)
"They do not just advise on problems but also offer solutions."

Chambers Europe, Healthcare (2019 Edition)
“Houthoff is noted for its ‘excellent knowledge of the insurance market and healthcare sector’ and has an impressive roster of hospital clients.”

Legal 500, Healthcare & life sciences (2019 Edition)
First Tier firm

Legal 500, Healthcare & life sciences (2019 Edition)
"One client emphasises the team's service level, highlighting the lawyers' 'diligence, speed, creativity, availability and willingness to go above and beyond for the client'."

Chambers Europe, Healthcare (2018 Edition)
"They are very thorough and keep their timing promises."

Chambers Europe, Healthcare (2018 Edition)
"The ‘outstanding’ team at Houthoff, which specialises in healthcare, provides ‘fast, sharp, clear’ advice."

Legal 500, Healthcare & life sciences (2018 Edition)
First Tier firm

Legal 500, Healthcare & life sciences (2018 Edition)

Our expertise on healthcare

An important part of our work comprises assisting healthcare institutions with complex strategic reorganisations. This may involve mergers, joint ventures, acquisitions, or divestments. The involvement of lawyers and civil-law notaries from different disciplines ensures that the process is carefully managed, in close consultation with the client. Whether it concerns notifying the Netherlands Authority for Consumers & Markets or the Dutch Healthcare Authority, complex collaboration agreements, applicable healthcare legislation or the structuring of management and supervisory bodies, our Healthcare Team provides pragmatic and solid solutions. The team assisted with the complex horizontal merger between the AMC and VUmc university hospitals, and with many other hospital mergers (including in Rotterdam, Tilburg and Haarlem/Hoofddorp).

The Healthcare Team also assists new market entrants. An example of this is the advice they provided to an insurer that is set to enter the Dutch health insurance market in 2018. By involving specialists on the Dutch Financial Supervision Act, the Act on the Capping of Executive Salaries (WNT), and Dutch healthcare legislation together with experts on corporate governance structures, the Healthcare Team’s multi-disciplinary approach proved its worth.

Our multi-disciplinary Healthcare Team is actively involved in the public debate on the healthcare of the future. Our specialists provide valuable input on the major challenges facing the healthcare sector, whether this be at macro-level or at the level of one or more individual providers. Our Healthcare Team offers practical solutions that help improve healthcare.

Highlighted Matters

Advising on the establishment of internet pharmacies including various regulatory and competition aspects of internet sales of pharmaceutical products.
Highlighted Matters

Representing the Italian (veterinary) pharmaceutical company Innovet (part of Epitech Group) in patent litigation proceedings, relating to both validity and infringement of its patent relating to pharmaceutical compositions containing micronized compounds.
Highlighted Matters

Representing a subsidiary of the Royal Dutch Pharmacists Association before a Dutch court against YO Medical B.V. regarding the reimbursement of the costs for specific medical devices by health care insurers.
Highlighted Matters

Advising pharmaceutical wholesale companies on various regulatory aspects of the distribution of pharmaceuticals and medical devices including the notification, packaging/labelling requirements and CE-marking.
Highlighted Matters

Advising on the governance of Martini Ziekenhuis and its Medical Specialists, including advice on the legal structure and setting up cooperation agreements between the Medical Specialists and the Board of the Hospital.
Highlighted Matters

Representing the French medical device company Biobank in patent litigation proceedings, relating to both validity and infringement of its patents relating to a process for preserving and regenerating human bone.
Highlighted Matters

Houthoff acted on behalf of De Viersprong, a highly specialised mental healthcare institute (GGZ) employing over 300 people, in its successful standstill and turnaround negotiations with its financiers, institutional creditors, the WFZ (healthcare guarantee sector fund) and the relevant health care insurers.
Highlighted Matters

Houthoff assisted the AMC and VUmc hospitals in obtaining the required approval from the Netherlands Authority for Consumers & Markets (ACM) for an administrative merger. The approval enables the two Amsterdam-based university medical centres to cooperate on patient care, research, education and training without limitation. This will create the biggest university medical centre in the Netherlands.
Highlighted Matters

Successfully representing Rotterdam's Erasmus University Medical Centre, one of the largest and most authoritative scientific University Medical Centres in Europe, in summary proceedings before the Rotterdam interim injunction judge against a spin-off company about the licensing and development of software for laboratory information management and the early detection of hospital-acquired infections (HAI's).
Highlighted Matters

Assisted the two Amsterdam university hospitals, AMC and VUmc, in obtaining regulatory approval for their anticipated merger from the Dutch health care authority, NZa. The NZa granted its approval on July 14. Following this approval from the NZa, the university hospitals will notify their intended transaction to the Dutch competition authority ACM.