Complaints Procedure
If you are dissatisfied with the treatment, you must be able to report this dissatisfaction or complaint(s). To remove the reasons for complaints as quickly as possible, Dermazoom has a complaints officer, in accordance with the Quality, Complaints and Disputes in Healthcare Act (Wkkgz). Therefore, inquire about the complaints procedure if you are unable to resolve the matter with the directly involved party and/or the complaints officer.
Dermazoom is a member and affiliated with the recognized organization “De Geschillencommissie” (The Disputes Committee), where you can still submit your complaint.
The Disputes Committee consists of three members and is completely independent and impartial. The Disputes Committee issues a binding decision or facilitates a settlement between the patient and the independent clinic. This can be up to an amount of €25,000.
The Regulations of the Disputes Committee for Independent Clinics, version dated July 21, 2017, is enclosed.
REGULATIONS OF THE GENERAL HEALTHCAR[1] E DISPUTES COMMITTEE
Definitions
Article 1.
In these regulations, the following definitions apply:
foundation: the Foundation for Consumer Disputes Committees;
committee: the General Healthcare Disputes Committee, established and maintained by the foundation;
healthcare provider: Dermazoom, which has registered with the foundation for dispute resolution by the committee;
client: the natural person who has a dispute with a healthcare provider. For the purposes of these regulations, this also includes the surviving relative of a deceased client within the meaning of the Act, the legal representative of the client within the meaning of the Act, as well as a foundation or association with full legal capacity, provided the interest at stake is one that the foundation or association aims to represent according to its statutes;
conditions: the general terms and conditions of the healthcare provider;
Act: the Quality, Complaints and Disputes in Healthcare Act, Bulletin of Acts and Decrees 2015, 407.
Composition and Duties
Article 2.
The committee consists of a number of independent members to be determined by the foundation: one or more chairpersons appointed by the foundation, one or more members deemed to represent the perspective of clients, and one or more members deemed to represent the perspective of healthcare providers. All members are appointed by the board of the foundation. Chairpersons must hold a law degree (Master of Laws). A secretary, also holding a law degree, is assigned to the committee by the board of the foundation. The secretariat of the committee is handled by the foundation.
For the handling of disputes, the committee consists of: a chairperson, a member representing the client’s perspective, and a member representing the healthcare provider’s perspective. The committee handling the dispute is composed by the secretariat without informing the parties. Members involved in the handling of a dispute must not hold (ancillary) positions that could compromise an independent judgment.
Article 3.
The committee is tasked with resolving all disputes between the client and the healthcare provider up to a total amount of €25,000. The committee does this by issuing a binding decision or by facilitating a settlement between the parties.
A dispute may be submitted to the committee by a client if:
a. the internal complaints procedure of the healthcare provider has been violated;
b. the complaint has been insufficiently resolved by the healthcare provider;
c. it cannot reasonably be expected of the client, under the given circumstances, to submit their complaint regarding the healthcare provider’s behavior within the scope of care provision directly to the provider.
Jurisdiction
Article 4.
The committee is authorized to handle a submitted dispute if the parties have agreed to be bound by the committee’s binding decision.
Admissibility
Article 5.
The committee will declare the client’s complaint inadmissible ex officio:
– if the dispute concerns non-payment of an invoice without an underlying substantive complaint;
– if the dispute has already been brought before a court by the client or, pursuant to Article 6 paragraph 1(c), by the healthcare provider, or if the court has already issued a ruling on the content;
– if during the proceedings it becomes evident that the total financial interest exceeds €25,000, unless the client agrees to limit the claim to €25,000—based on facts and circumstances reasonably known during the handling—and waives the excess;
– if and insofar as a foundation or association with full legal capacity claims compensation;
– if there is no reasonable interest in a decision by the committee.
Article 6.
Upon the healthcare provider’s request—submitted at the first opportunity—the committee will declare the client’s complaint inadmissible if:
– the client did not first submit the complaint to the healthcare provider, unless it cannot reasonably be expected of the client to do so under the given circumstances;
– the client did not submit the dispute to the committee within 12 months of submitting the complaint to the healthcare provider;
– the healthcare provider gave the client five weeks to submit the dispute to the committee and the client failed to do so. The healthcare provider must state that it will consider itself free to take the dispute to a regular court after the deadline.
In deviation from the above, the committee may still handle the dispute if it deems the client cannot reasonably be blamed for the non-compliance.
Any terms and conditions deviating unfavorably for the client from the provisions of paragraph 1 will be disregarded by the committee.
Handling of Disputes
Article 7.
Parties have the right to be assisted or represented by third parties during the handling of a dispute.
The dispute must be submitted to the committee in writing or electronically using a form provided by the committee, in which the client agrees to accept the committee’s decision as binding.
The client must consent to the healthcare provider submitting all relevant data, including medical and paramedical treatment records, to the committee for the purpose of resolving the dispute.
Article 8.
The party submitting a dispute must pay a complaint fee of €52.50.
This fee is non-refundable.
The healthcare provider must pay the foundation for the costs of handling the dispute.
These costs must be paid by the healthcare provider upon the first request. The dispute will not proceed until payment is made.
Article 9.
If the client has withheld payment for the service or product in dispute, the outstanding invoice amount must be deposited with the committee, unless otherwise agreed. No interest is paid on this amount.
Article 10.
If the client fails to comply within one month with the requirements in Articles 7(2), 8, and 9, the dispute will not be handled. The committee may shorten or extend this period.
Article 11.
The committee may discontinue the dispute handling if an expert investigation is necessary and the client refuses to cooperate or the investigation is deemed impossible due to cost or other reasons.
The committee will not handle a dispute or will discontinue handling it if the healthcare provider has been declared bankrupt, unless the court refers the case back to the committee under Article 122 of the Bankruptcy Act. Parties must notify the committee if this occurs.
If the healthcare provider fails to pay the dispute handling costs, the committee may discontinue or refuse further handling.
Article 12.
If the dispute is submitted by the healthcare provider, it will only be handled if the client consents and complies with Articles 7(2) and 9. The dispute will then follow the same procedure as if initiated by the client.
Article 13.
The committee will notify the healthcare provider in writing or electronically of the dispute being taken up. The client’s position will be sent to the healthcare provider. The provider will have one month to present its position, a deadline which may be shortened or extended by the committee.
The provider must notify relevant medical professionals or other care personnel involved about the dispute.
The provider’s response will be shared with the client.
Article 14.
If the committee deems it necessary or if either party requests it, a hearing may be scheduled. Time and location will be communicated in writing or electronically.
Parties may bring and call witnesses or experts, unless this disrupts orderly proceedings. Names and addresses must be submitted at least one week before the hearing.
Article 15.
The committee may gather information, including hearing witnesses or experts or initiating expert investigations. Parties will be informed in writing or electronically.
The healthcare provider must pay for any expert investigation before it begins.
Parties will receive a copy of the expert report and may respond within two weeks. This deadline may be extended or shortened by the committee.
Decision
Article 16.
Once all necessary information is available, the committee will decide the case. The decision is made based on reasonableness and fairness, legal rules, the agreement between the parties, and any applicable terms and conditions. A majority vote decides the outcome. The binding decision is signed by the chair and communicated in writing or electronically.
The binding decision includes:
– the names of the committee members;
– names and residence or business addresses of the parties;
– the date of the decision;
– the reasoning behind the decision.
Article 17.
The committee will issue its decision within six months of receiving the dispute.
In urgent cases, a decision may be made sooner.
The decision is published electronically in an anonymous format.
Article 18.
The committee rules on its jurisdiction, the admissibility of the parties, and whether the complaint is (partially) justified.
The committee may:
– award (compensatory) damages;
– determine payment obligations;
– issue any other decision it deems fair and reasonable.
A previously proposed but rejected solution by the provider may be imposed if the complaint is found unfounded.
Article 19.
If parties settle during a hearing, the committee will document the agreement as a binding decision. Article 18 does not apply in this case.
Article 20.
If the client’s complaint is found (partially) justified, the committee will order the provider to reimburse the €52.50 complaint fee.
The same applies if the complaint is unfounded but was reasonably submitted.
If the dispute was initiated by the provider and the complaint is found (partially) unjustified, the client must reimburse the complaint fee amount as if they had submitted the dispute.
Article 21.
Except as provided in Article 20, each party bears its own dispute costs unless otherwise decided by the committee. In special cases, the losing party may be required to reimburse reasonable costs of the other party, up to five times the complaint fee.
Article 22.
The chair may correct clerical errors or amend personal information (as in Article 16(2a–c)) either on their own or upon request within two weeks of the decision date.
The request suspends execution of the decision until resolved.
The other party may respond within two weeks.
Corrections or amendments are communicated in writing or electronically.
Confidentiality, Disqualification, and Withdrawal
Article 23.
Committee members, the (deputy) secretary, and staff must keep all case-related information confidential.
Article 24.
Any committee member may be challenged by a party on justified grounds of impartiality. Requests must be submitted within a week of the hearing.
Requests must be written and justified. Verbal requests during hearings must be confirmed in writing within a week.
The dispute handling is paused during review by the disqualification committee.
The disqualification committee processes requests promptly. The procedure is laid out in the foundation’s disqualification committee rules.
Members may also withdraw themselves for similar reasons. If the other two members believe disqualification applies, the member must withdraw.
Disqualified or withdrawn members will be replaced.
Once parties are informed of the decision, proceedings will resume as soon as possible.
Final Provisions
Article 25.
A binding decision can only be nullified by a regular court within two months of issuance. The court may nullify the decision if it is deemed unreasonable due to content or process. Failure to submit to court within this period makes the decision final.
If the decision is not followed within two months and not challenged in court, the client may invoke the foundation’s compliance guarantee scheme to ensure enforcement.
Article 26.
In all cases not covered by these regulations, the committee will decide in line with principles of reasonableness and fairness.