General conditions

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Table of contents

– General conditions

– ARTICLE 1 – DEFINITIONS

– ARTICLE 2 – APPLICABILITY SCOPE OF GENERAL TERMS AND CONDITIONS

– ARTICLE 4 – DISCLOSURE AND HANDING OVER OF GENERAL TERMS AND CONDITIONS

– ARTICLE 5 – DEVIATION FROM THE GENERAL TERMS AND CONDITIONS

– ARTICLE 6 – THE DELIVERY/DELIVERY TIME

– ARTICLE 7 – INFORMATION RELATED TO TREATMENT

– ARTICLE 8 – ESTABLISHING TREATMENT AGREEMENT BY REGISTERING NEW CLIENT IN THE PRACTICE

– ARTICLE 9 -PRIVACY

– ARTICLE 10 – PROTOCOLS AND GUIDELINES

– ARTICLE 11 – QUALIFIED PERSONNEL

– ARTICLE 12 – INVOLVING THIRD PARTIES IN CARRYING OUT (PARTS OF) CARE

– ARTICLE 13 – INCIDENT OR CALAMITY

– ARTICLE 14 – TERMINATION OF THE TREATMENT AGREEMENT

– ARTICLE 15 – TERMINATION BY THE CLIENT

– ARTICLE 16 – CANCELLATION, SUSPENSION OR REFUSAL OF SPECIFIC TREATMENT BY OSTEOPLAZA

– ARTICLE 17 – HANDLING OF COMPLAINTS

– ARTICLE 18 – DISPUTE RESOLUTION

– ARTICLE 19 – COLLEGE OF SUPERVISION AND COLLEGE OF APPEAL

– ARTICLE 20 – MODIFICATION

Appendix 1
TREATMENT AGREEMENT

Attachment 2
TREATMENT AGREEMENT MINOR

article 1 Defenitites Terms and conditions & treatment agreement

The capitalized words below have the following meanings:

-Calamity: An unintended or unexpected event affecting the quality of care that resulted in the death of a client or a serious adverse consequence to a client.

– Client: The natural person to whom care is provided by OsteoPlaza.

– Board of Appeal: The Appeals Board established by the Dutch Foundation for Osteopathy that operates according to the then current Osteopathy Appeals Board Regulations.

– Supervisory Board: The Supervisory Board established by the Foundation Dutch Register for Osteopathy, a judicial body in disciplinary cases concerning a Care Provider, which operates according to the then current Osteopathy Supervisory Board Regulations.

– Incident: An unintended or unexpected event that relates to the quality of care and has resulted or could result in harm to the client.

– NOF: Dutch Osteopathy Federation

– Practice: OsteoPlaza’s treatment area, including waiting room, counter or other areas used by the client as part of the treatment.

– Quotation: An offer made by OsteoPlaza consisting of a verbal or written summary of activities to carry out a treatment and the associated rates.

– Representative: The person or persons by whom the client is represented by law in the conclusion and performance of the treatment agreement.

– WGBO: Medical Treatment Agreement Act.

– WKKGZ: Care Quality, Complaints and Disputes Act

– Healthcare Provider: The person who provides professional services in the field of osteopathy and is qualified through a diploma recognized by the NOF, and who is affiliated with the NOF.

Article 2 - Scope of applicability of general conditions

  1. These general terms and conditions apply to the treatment agreement between client and healthcare provider.
  2. These general terms and conditions do not affect what is intended by law.

Article 3 - Representation

The possibilities of client representation are regulated by law, specifically in Articles 7:450, 7:447 and 7:465 of the Civil Code.

Article 4 - Publication and handing over of general terms and conditions

  1. OsteoPlaza ensures that prior to, or at the conclusion of the treatment agreement, the client is aware of the applicability of the general terms and conditions and can view them.
  2. At the client’s request, OsteoPlaza explains these terms and conditions orally.
  3. At the client’s request, OsteoPlaza shall provide these terms and conditions in writing.

Article 5 - Deviation from the general terms and conditions

Deviations from these terms and conditions only apply if they are agreed upon in writing between the client and OsteoPlaza and the deviation is not to the disadvantage of the client.

Article 6 - the delivery/delivery time

1. OsteoPlaza shall make information about the practice available to the client in an accessible manner. This information includes at least:

  1. The details (name and position) of OsteoPlaza.
  2. The treatment to be provided.
  3. Rates charged.
  4. It is the client’s responsibility to check in advance to what extent the cost of treatment by OsteoPlaza will be reimbursed under insurance.
  5. Opening hours and accessibility.
  6. These general conditions and payment terms of OsteoPlaza.
  7. The complaint procedure.
  8. Entry in the register of the NOF.

2. OsteoPlaza will inform the client of any changes in the above information. Upon request, the client also informs OsteoPlaza of new relevant circumstances, such as:

  1. Visit to another osteopath/healthcare provider for the same or a different complaint.
  2. Changes in the client’s health status.
  3. Taking medications (including stopping them).
  4. Changes in representation referred to in Article 3.
  5. Applicability of the debt restructuring scheme for natural persons.

Article 7 - Information related to the treatment

  1. OsteoPlaza shall clearly and, if requested, inform the client in writing of the proposed examination, proposed and possible alternative treatments, and developments in the examination, treatment and health status of the client. The information should be understandable and appropriate to the age and comprehension of the client. OsteoPlaza verifies that the client has understood the information and that there are no further questions.
  2. The client should check in advance to what extent the cost of treatment by OsteoPlaza will be reimbursed under insurance.
  3. Prior to each treatment, OsteoPlaza verbally informs the client of the cost. Treatments do not begin until the client has contacted their insurer or indicates they do not feel it is necessary.
  4. If it becomes necessary during the examination or treatment, OsteoPlaza may deviate from the arrangements made. This may result in a deviation from previously agreed costs. The client will be informed of this during treatment unless this is not reasonably possible.
  5. The client always has the right to a second opinion performed by another healthcare provider. The cost of this will be borne by the client or their insurer.
  6. OsteoPlaza shall, upon written request by the client, provide information necessary for a second opinion.

Article 8 - Establishment of treatment agreement by registering new client in the practice

  1. To establish a treatment agreement, the client must register with the OsteoPlaza practice and make an appointment for an initial consultation.
  2. From the moment the appointment is made, the WGBO is in effect.
  3. During the initial consultation, a history is taken and a treatment plan is agreed upon. The patient provides the necessary information, including name and address information.
  4. OsteoPlaza shall ascertain whether there is representation as referred to in article 3 of these general conditions, including the applicability of the debt restructuring scheme for natural persons.
  5. The treatment agreement is entered into between the patient and the osteopath and comes into existence when the patient, or the patient’s representative if required, indicates a desire to enter into the agreement.

Article 9 - Privacy

The same privacy policy applies across Europe under the General Data Protection Regulation (GDPR). As of May 25, 2018, this European legislation was introduced as the General Data Protection Regulation (GDPR). OsteoPlaza operates according to a privacy statement that is accessible to the client. During the course of the treatment agreement, OsteoPlaza maintains a client file.

Article 10 - Protocols and guidelines

OsteoPlaza provides care and services according to the standards, guidelines and protocols for osteopathy of the NOF. OsteoPlaza provides care according to the requirements of good care and the general standards of professionalism and quality, providing care according to the current state of science and practice.

Article 11 - Qualified personnel

  1. OsteoPlaza ensures that only qualified and competent personnel are involved in the execution of the treatment agreement, and that they too act according to the standards, protocols and guidelines. OsteoPlaza is responsible for the care provided.
  2. OsteoPlaza ensures that it is clear to the client what function the employees involved perform.

Article 12 - Involvement of third parties in carrying out (parts of) care

OsteoPlaza may, as part of treatment, engage third parties to provide services. In doing so, OsteoPlaza acts with care and informs the client accordingly. OsteoPlaza remains responsible for the entire treatment.

Article 13 - Incident or calamity

1. In the event of an incident:

  • Upon discovery, OsteoPlaza will contact the client immediately.
  • Provides OsteoPlaza with a complete file and collects all data useful for establishing the facts.
  • Does OsteoPlaza take what is necessary to eliminate or mitigate any adverse effects of the incident on the client’s health status.
  • Does OsteoPlaza cooperate with any second opinion requested by the client.
  1. Once the facts of the incident are known, the client is clearly informed of the nature and circumstances, and this is entered into the file. This communication matches the client’s wants and needs as closely as possible.
  2. In the event of an emergency, in addition to the above steps, the Health Care Inspectorate is informed immediately.

Article 14 - Termination of the treatment agreement.

The treatment agreement ends:

  1. Due to death of the client.
  2. By mutual agreement, for example, once the treatment goal is achieved, which is recorded in the file.
  3. Upon termination of the treatment agreement by the client or OsteoPlaza, in accordance with Articles 15 and 16 of these terms and conditions.
  4. By dissolution by the court.

Article 15 - Termination by the client

The client may unilaterally terminate the treatment agreement by notifying OsteoPlaza.

Article 16 - Termination, suspension or refusal of specific treatment by OsteoPlaza

1. OsteoPlaza may terminate the treatment agreement only for important reasons, in writing, with reasonable notice, and provided that the following conditions are met:

  1. OsteoPlaza attempted to discuss the grounds for termination with the client.
  2. OsteoPlaza made the client aware of the complaint options.

2. Weighty reasons are present when the relationship between healthcare provider and client has become untenable, as a result of which OsteoPlaza cannot reasonably be required to continue the agreement. This includes at least:

  1. The client does not fulfill his obligations.
  2. The client refuses to provide reasonable cooperation in treatment.
  3. The client, his representative, advocate or others exhibit behavior that makes continuation of care impossible.
  4. The client’s care needs change, making the treatment beyond the scope of the agreement, and new arrangements cannot be made.
  5. OsteoPlaza no longer receives reimbursement from the health insurance company and the client does not take the care at his or her own expense.
  6. In the event of the suspension of OsteoPlaza.

1. OsteoPlaza will assist to the best of its ability in finding an alternative for the client.

  1. OsteoPlaza may refuse an examination or treatment for substantive reasons.
  2. In the event of late payment, OsteoPlaza may suspend further treatment unless medical necessity dictates otherwise. Only after consultation with the client may OsteoPlaza proceed with suspension or cash payment.

Article 17 - Treatment of complaints

  1. OsteoPlaza has an arrangement for receiving and handling complaints that complies with the law and is publicized. A complaint is handled according to this procedure.
  2. A part of the complaints procedure is the complaints officer according to the WKKGZ. This officer receives complaints, mediates and can propose a solution. The complaints officer works independently. OsteoPlaza will provide the name and contact information of this official to the client upon request.
  3. OsteoPlaza will ensure adequate reference to the complaints procedure and complaints officer on its website and in the practice. A hard copy of the complaint policy will be provided upon the client’s request.

Article 18 - Dispute resolution

  1. A dispute arises when the procedure in Article 17 has not been followed or has not led to a satisfactory solution.
  2. Client and OsteoPlaza may submit the dispute to the Osteopathy Disputes Committee, as described in the OsteoPlaza Complaints and Disputes Procedure. Dispute resolution determines the time limit within which a dispute must be filed.
  3. The dispute resolution scheme meets the requirements of the WKKGZ and has been coordinated with patient and consumer representatives.
  4. Disputes can also always be taken to court.

Article 19 - Board of supervision and board of appeal

For conduct by a health care provider that violates the professional competency or professional code, clients may seek a ruling from the Osteopathy Board of Review and then appeal to the Board of Appeals. Use of this arrangement does not affect the rights in Articles 17 and 18.

Article 20 - Changes

These general conditions can only be changed after consultation between the Dutch Association for Osteopathy, the Dutch Osteopathy Federation, the Consumers Union and Patients Federation of the Netherlands.

Appendix 1:
Terms and conditions & treatment agreement TREATMENT AGREEMENT

I certify that I have read the following:

– The osteopath acts in accordance with legal regulations. The rights and obligations of client and caregiver are laid down, among other things, in the Medical Treatment Agreement Act (WGBO) and the Care Quality, Complaints and Disputes Act (WKKGZ).

– The osteopath maintains a client file. The client has the right to inspect his or her own file. The file is kept for a total of 20 years according to the legal retention period.

– The osteopath undertakes to provide treatment information to the client during all phases of treatment.

– The client agrees to provide relevant information to the osteopath during the history interview.

– The osteopath will keep the client’s information provided in the file confidential. The osteopath may not perform any actions without the client’s consent.

– If necessary, the osteopath correctly refers the client to a fellow therapist or physician if his/her treatment is inadequate.

– The client is familiar with and agrees to the fee schedule.

– Payments for treatments are preferably by debit card.

– The client agrees to cancel an appointment in a timely manner (up to 24 hours before the appointment), otherwise charges may apply.

– For complaints about treatment, the client can turn to the complaint committees listed in the general terms and conditions.

– Any adverse consequences resulting from withholding information in the medical record from the family physician are the responsibility of the client.

Appendix 2:
Terms and conditions & treatment agreement TREATMENT AGREEMENT MINOR

I certify that I have read the following:

– The osteopath acts in accordance with legal regulations. The rights and obligations of client and caregiver are defined in the Medical Treatment Agreement Act (WGBO) and the Care Quality, Complaints and Disputes Act (WKKGZ).

– The osteopath maintains a client file. The client has the right to inspect his or her own file. The file is kept for a total of 20 years according to the legal retention period.

– The osteopath undertakes to provide treatment information to the client during all phases of treatment.

– The client agrees to provide relevant information to the osteopath during the history interview.

– The osteopath will keep the client’s information provided in the file confidential.

– The osteopath may not perform any actions without the client’s consent.

– The osteopath undertakes to properly refer the client to a fellow therapist or physician if his/her treatment is inadequate.

– The client is familiar with and agrees to the fee schedule.

– Payments for treatments are preferably by debit card.

– The client agrees to cancel an appointment in a timely manner (up to 24 hours before the appointment), otherwise charges may apply.

– For complaints about treatment, the client can turn to the complaint committees listed in the general terms and conditions.

– Any adverse consequences resulting from withholding information in the medical record from the family physician are the responsibility of the client.

– When treating children under 12, both parents (caregivers/guardians) must give consent, even if they are divorced.

– For children between the ages of 12 and 16, the parents and child decide together, with the child having the final say. This consent is valid until it is revoked or treatment is terminated.

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