These General Terms and Conditions apply to the agreement between the client and MauniGGZ concerning treatment, with or without residence.
The General Terms and Conditions apply to both outpatient care and residential care and are applied as much as possible regardless of how the care is financed. Parties cannot deviate from these General Terms and Conditions unless explicitly agreed upon in an individual case, and the deviation is not to the detriment of the client. Such deviations must be documented in writing.
These General Terms and Conditions may be amended at any time, provided that they align with the General Terms and Conditions for mental health care (GGZ) of the LPGGz, Consumer Association, and GGZ Netherlands from 2017, and the client is informed in writing in advance.
MauniGGZ follows a regulation regarding involved parties, based on the current model regulation for involved parties. If desired, the client can be assisted by a person of their choice to help make an informed choice regarding care.
Prior to the conclusion of the agreement, the caregiver and the client, in mutual consultation, determine the care that best suits the client, exchanging relevant information for care. In any case, the following are discussed: a. the right to free choice of the caregiver within the possibilities of the care institution; b. any diagnosis and what it means to have that diagnosis; a clear description of relevant daily activities and care options, the goal, the chance of success, and possible risks and side effects (such as pain, inconvenience, or social consequences) based on any previous experiences of the client; c. the name of the responsible caregiver and those of other involved caregivers; d. the experience of the involved caregivers; e. other aspects, such as waiting time and (additional) costs. MauniGGZ General Terms and Conditions 3.
If the client has explicitly stated not to want information about the treatment, the provision of information may be omitted.
In addition to the provisions of paragraph 1, information about the treatment may only be omitted in the exceptional case that providing it would evidently harm the client.
The caregiver provides the client, in a comprehensible manner, with general information about the treatment.
The caregiver must inform the client about the fact that they can make a choice of care provider and the possible consequences of that choice. If necessary, the caregiver informs the client about care options provided by others. The caregiver provides the client with information about the right to access their record, the procedure for inspecting the record, and the right to make additions to the record. The caregiver ensures that the client can contact a professional who can provide the information in writing and answer any questions.
The caregiver documents the agreement in a treatment plan. The treatment plan is developed in consultation with the client and includes at least the following components: a. diagnosis, if available, and goals of the treatment; b. the activities to be carried out within the framework of the treatment; c. the involvement of the client in the care process; d. the method of providing information to the client; e. the evaluation of the treatment. If the client has given written consent, the caregiver may only deviate from the treatment plan if this is necessary in the client’s interest.
The client has the right to access their record.
The caregiver provides the client with the opportunity to inspect the record within five working days after the client’s request. The caregiver can allow the client to take notes or make copies of the record. The caregiver provides a clear explanation of the record to the client if the client so desires. If the client is a minor and has not reached the age of sixteen, the right of access to the record belongs to the client’s legal representative. The client may also exercise this right if the client has reached the age of twelve, provided that the client is competent to do so. See MauniGGZ General Terms and Conditions 4.
The client has the right to add their own statement to the record. The caregiver ensures that the client’s statement is carefully recorded and stored.
The caregiver provides the client with the opportunity to add a statement to the record within five working days after the client’s request. The client can submit a request to add a statement to the record to the caregiver in writing. The caregiver adds the statement to the record within five working days after receiving the request. If the client is a minor and has not reached the age of sixteen, the right to additions to the record belongs to the client’s legal representative. The client may also exercise this right if the client has reached the age of twelve, provided that the client is competent to do so.
The caregiver requests the client’s consent before starting treatment, with or without residence. The consent is only valid if it is given voluntarily and the client has been properly informed. The caregiver ensures that the client receives clear information about the treatment, including the goals, the methods, the risks, and any alternatives. The caregiver also informs the client about the consequences of refusing or discontinuing the treatment. If the client has a representative, the caregiver may request consent from the representative if the client is unable to give consent themselves. If the client is a minor and has not reached the age of twelve, the caregiver requests consent from the client’s legal representative. If the client is twelve years or older, the caregiver also requests consent from the client, provided that the client is competent to give it. The caregiver records the client’s consent in the record.
The caregiver ensures that the care process is geared to the client’s individual care needs. The caregiver discusses the course of the care process with the client and makes adjustments if necessary. The caregiver informs the client about the progress of the care process. The caregiver ensures that the client can contact them for questions or complaints about the care process. See MauniGGZ General Terms and Conditions 5.
The caregiver encourages the involvement of involved parties, taking into account the client’s wishes. The caregiver informs the client about the involvement of involved parties and discusses the extent of the involvement with the client. If the client has a representative, the caregiver may involve the representative if the client is unable to express their will. The caregiver respects the privacy of the client and involved parties and ensures that the information is shared only to the extent necessary for good care.
The caregiver complies with quality standards.The caregiver ensures that the client is informed about the quality standards applicable to the care provided. The caregiver provides the client with information about the complaints procedure and how to submit a complaint if the client is dissatisfied with the care.
The caregiver treats all information obtained in the context of the care relationship as confidential. The caregiver may only provide information to third parties with the client’s consent, unless the law requires or permits the caregiver to do so. The caregiver may disclose information to involved parties if the client has given written consent or if it can be assumed that the client would not object. The caregiver must inform the client about this. The caregiver may disclose information to involved parties if it is necessary for the care process and the client cannot reasonably object. The caregiver must inform the client about this.
If the client disputes the caregiver’s opinion, the caregiver must inform the client about the possibility of obtaining an independent opinion. If the client wishes to obtain an independent opinion, the caregiver cooperates with this and ensures that the client has access to a competent professional for obtaining an independent opinion. The costs of obtaining an independent opinion are for the account of the client, unless agreed otherwise.
The caregiver may only terminate the care agreement in consultation with the client and with due observance of the due care criteria. The client has the right to terminate the care agreement at any time. If the care provider wants to unilaterally terminate the care agreement, the care provider must have good reasons for this. Good reasons include, among other things, the fact that continuing the treatment is not responsible due to the client’s conduct. The care provider must notify the client in writing of the termination of the care agreement, stating the reasons. The caregiver also provides the client with information about the consequences of the termination and any alternatives for continuation of the care
The client has the right to submit a complaint about the care provided by the caregiver. The caregiver has a complaints procedure that the client can use. The caregiver informs the client about the complaints procedure before and during the care process. The caregiver handles complaints in accordance with the complaints procedure
The caregiver is liable for damage caused by shortcomings in the fulfillment of the care agreement, insofar as these are at the expense of the caregiver. If the caregiver engages third parties in the execution of the care agreement, the caregiver is also liable for the shortcomings of these third parties, unless the caregiver demonstrates that the damage is not related to shortcomings attributable to the caregiver or third parties engaged by the caregiver. The caregiver is not liable for damage caused by intent or gross negligence of the client. MauniGGZ General Terms and Conditions 7, 4. The caregiver is not liable for consequential or indirect damage, including but not limited to loss of profits, missed savings and damage due to business interruption.
If the caregiver is unable to fulfill the care agreement due to force majeure, the caregiver is not obliged to compensate any resulting damage to the client. Force majeure includes any circumstance beyond the caregiver’s control that permanently or temporarily prevents the fulfillment of the care agreement, as well as, insofar as not already included, war, danger of war, civil war, riots, floods, sabotage, earthquake, fire, strike, occupation, import and export barriers, government measures, scarcity of raw materials, natural disasters, weather conditions that make normal execution impossible, as well as by storage and traffic disruption, all this both in the caregiver’s company and with third parties engaged in the execution of the care agreement.
The caregiver may change these general terms and conditions. The caregiver informs the client of the changes in time. 2 . The changes also apply to existing care agreements. If the client does not agree with the changes, the client can terminate the care agreement. The client must inform the caregiver of this in writing. Dutch law applies to the care agreement and these general terms and conditions. Insofar as not otherwise provided by law, all disputes arising from the care agreement will be submitted to the competent Dutch court in the district where the caregiver is established. These general terms and conditions were filed at the Registry of the District Court of Midden-Nederland.
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