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No right of consultation for patient and client councils when granted right of investigation
Since 1 January 2007, care institutions must grant the right of investigation to a patient & client council.
This must be recorded in the institution’s articles of association.
The National Committee of Counsellors, that resolves disputes between care providers and their patient & client councils, recently ruled that granting the right of investigation does not fall within the scope of the right to be consulted vested in patient & client councils.
According to the Committee, the central patient & client council’s position that not requesting advice on the decision to include the right of investigation makes any such decision null and void, is untenable in law.
The Committee’s opinion is based on the text and parliamentary history of the Dutch Care Institutions (Supervision) Act (which pertains to the right of investigation), in conjunction with the text of the Dutch Participation (Clients of Care Institutions) Act (which pertains to patient & client councils’ right to be consulted).
For more information, please contact Willemien Bischot or Marg Janssen, Market Group Health Care.
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