General conditions
Part 1. General
Article 1 – Definitions and terms.
In these terms and conditions, the following definitions shall apply:
Client:
The person who enters into a treatment agreement with the counselor for himself or herself or for a certain third party.
Patientsnt/Client:
The natural person to whom the medical acts directly relate.
Auxiliary:
The legal person who, in the exercise of a medical profession or business, concludes a treatment agreement with the client.
Treatment Agreement:
The agreement for medical treatment in which the care provider undertakes to the client to perform medical acts that directly relate to the patient.
Medical acts
- all operations, including examination and counseling, which are directly related to the patient for the purpose of curing him of an illness, preventing him from developing it or assessing his state of health, or providing him with obstetric assistance;
- operations other than those mentioned in a above including operations for cosmetic purposes done by a physician or dentist in that capacity and directly related to the patient;
- nursing and care in the context of operations under a and b;
- ensuring the material conditions under which the operations under a and b can be carried out;
- no medical acts referred to in a and b are acts:
– in the field of physician preparation performed by an established pharmacist as referred to in the Medicines Act;
– intended to assess a person’s state of health or medical supervision, performed on behalf of a third party in connection with the determination of claims or obligations, admission to insurance or provision, or assessment of fitness for training, employment, or performance of certain work.
Clinic:
An institution or department thereof in which medical acts are performed. This can be at location MOOI clinic as well as at a hospital or institution where the caregiver has an appointment.
Price: the cost of the treatment including all incidental expenses.
Article 2 – Applicability.
These general terms and conditions shall apply to the formation and execution of the treatment agreement concluded between the client and the care provider,.
Article 3 – Establishment of the treatment agreement.
- The treatment agreement is established when the client commissions the care provider to perform medical acts.
- Before entering into the treatment agreement, the client and patient must have reached the age of eighteen years. In the case of exceptions for specific indications, parents or guardians must give permission prior to treatment (see Article 7).
- Prior to the conclusion of the treatment agreement, the client and/or patient will be informed by the treatment provider about:
- The intake procedure used;
- The (intended) results and (possible) consequences of treatment;
- alternatives to treatment;
- the price of the treatment,
- The time(s) and place of treatment;
- the reflection period, in order to reach an informed decision;
- the actions to be taken after the conclusion of the treatment agreement;
- if applicable: which care provider(s) will actually perform the treatment or are involved in the performance of the treatment agreement;
- Patient information/instructions to be followed prior to treatment;
- the instructions for guidance, shelter, transportation and accessibility;
- patient instructions for after treatment, including symptoms where the patient should be contacted and details of who the patient should contact;
- the accessibility of the organization if complications arise outside working hours;
- these Terms and Conditions.
- At intake, the client is required to provide the name and contact information of a contact person. If this is not possible, the provider will consider the patient’s primary care physician.
Article 4 – Termination of the treatment agreement.
- The client and counselor can both terminate the treatment agreement at any time.
If the client terminates the treatment agreement, he must reimburse the care provider for expenses incurred by the provider up to the time of termination. See Article 13 – Terms of Payment.
2. The social worker shall make reasonable efforts to minimize these costs in the event of termination.
Article 5 – Results of treatment
- All medical treatments are an obligation of effort and not an obligation of result. Therefore, there can be no guarantee of a result. Complications can always occur, too. Absolute symmetry in bilateral surgery can never be guaranteed.
- Sometimes it is necessary to perform additional surgery to obtain a good final result. This additional operation involves additional costs.
Part 2. Obligations of the caregiver
Article 6 – Information
- The provider shall clearly inform the patient about the proposed examination, treatment and developments regarding the examination, treatment and his health condition.
- At the patient’s request, the information mentioned in the previous paragraph shall be provided in writing.
- In providing the information referred to in the first paragraph, the provider shall be guided by what the patient reasonably needs to know about:
- the nature and purpose of the examination or treatment he deems necessary about the operations to be performed;
- the likely consequences and risks of the examination or treatment for the patient’s health;
- Other eligible methods of examination or treatment;
- The state of health and the likely consequences of the examination or treatment for it.
- The information referred to in the first paragraph need not be provided to the patient if providing it would manifestly cause serious harm to the patient. The social worker may use this power only after consulting another social worker about it.
- If the social worker exercises his power to withhold information from the patient, he shall, if necessary, provide such information to the contact person referred to in Article 3, paragraph 4.
- The information shall still be provided to the patient as soon as the harm referred to in the fourth paragraph is no longer foreseeable.
- If the patient has indicated that he does not wish to receive the information referred to in the first paragraph, the provision of such information shall be withheld except if it would be detrimental to the patient or others.
Article 7 – Prior authorization
- Operations to carry out a treatment agreement require the patient’s consent.
- If the patient so requests, the provider shall record in writing the operations for which consent has been obtained and provide the patient with a copy.
- If the patient is under 12 years of age, the consent of the patient’s parents with custody or guardian is not required.
- If the patient is 12 years of age or older, but under 16 years of age, the consent of the patient’s parents with custody or guardian is required in addition to the patient’s consent. The operation may be performed without such consent only if it is manifestly necessary to prevent serious harm to the patient or if the patient continues to deliberately desire the operation after the refusal of consent.
Article 8 – Care
- The caregiver shall exercise the care of a good caregiver in his activities, acting in accordance with the responsibility incumbent upon him as derived from the professional standard applicable to the caregiver and the guidelines of the profession.
- The caregiver uses drugs, implants and other medical devices, which are registered and whose origin can be traced, in the course of his work.
- The counselor will not deny a request for referral to another expert counselor for a second opinion (second opinion). The provider will discuss the results of the second opinion with the patient upon request.
- Upon discharge from the clinic or hospital, a discharge interview takes place between the patient and an appropriate staff member where instructions necessary for follow-up care are discussed. As necessary, instructions will be provided in writing or by mail. In each case, written instructions on the symptoms in which the patient should contact the health care provider will be included.
Article 9 – Dossier
- The provider shall establish a record related to the patient’s treatment.
- To the extent necessary for proper care, the caregiver shall make notes of the data on the patient’s health and the operations performed, and shall include other documents containing such data.
- Among the following are recorded:
- Administered and prescribed medication;
- As applicable the traceability of medication, implants and other medical devices.
- Upon the patient’s request, the provider shall provide access and/or a free copy of the record to the patient as soon as possible.
- Disclosure shall be withheld to the extent necessary in the interest of protecting the privacy of another person.
- At the patient’s request, the provider shall attach to the record a statement issued by the patient regarding the documents contained in the record.
- The social worker shall destroy the records kept by him within three months of the patient’s request. Destruction is omitted if it is reasonable to assume that retention is of substantial interest to someone other than the patient and if destruction is not permitted by law.
- Unless earlier destruction has been requested, the social worker shall retain the records in the file for 15 years from the time they were produced or as much longer as follows from the care of a good social worker.
Article 10 – Secrecy
- The caregiver shall not provide data to third parties without the patient’s consent, except for the cases referred to in the fourth and fifth paragraphs of Article 6 of these conditions.
- Insofar as the law does not provide otherwise, provision of data and inspection to a third party shall take place only insofar as it does not violate the privacy of another person.
- Third parties referred to in the first paragraph are not:
- those directly involved in the performance of the treatment agreement if the provision of data and inspection is necessary for the work to be performed by them;
Article 11 – Privacy
In order to provide you with good and professional care, MOOI Clinic processes personal data.
MOOI Clinic considers careful handling of personal data of great importance. Personal data is therefore carefully processed and secured by us. One can rest assured that client/patient data is safe at MOOI Clinic and that we adhere to applicable legal regulations.
MOOI Clinic uses the Privacy Statement, which is made available on the website www.mooi-kliniek.nl. MOOI Clinic may modify this Privacy Statement. You can always find the most recent version on our website.
Part 3. Obligations of the patient and client
Article 12 – Duty to inform and cooperate
To the best of the patient’s knowledge, including in response to the patient’s questions, the patient shall provide the caregiver with the information and cooperation that the caregiver reasonably requires for the execution of the treatment agreement. This includes showing proof of identity.
Article 13 – Terms of payment
Payment
- MOOI Clinic has the right to change rates. For each treatment, the rate that appears on MOOI Clinic’s website at the time the treatment takes place or has been agreed upon through an offer applies.
- Quotes have a period of validity. The period of validity is stated on the quotation.
- The client shall owe the social worker the agreed price to the extent that it is not paid directly by the health insurance company.
- Treatments taking place at location MOOI clinic can be paid on day of treatment. Failure to pay will void the possibility of treatment.
- MOOI Clinic requires a deposit of €1000 for surgical date scheduling and anesthesiological screening for procedures with general anesthesia upon the client’s approval in advance. The total invoice amount must be paid at least three weeks before operation. Failure to pay will void the possibility of treatment.
Cancel/Change
- Unexpectedly unable to attend the Intake interview? If so, please contact us at least 48 hours in advance. We can then reschedule or cancel your appointment and allow someone else to take your place. Unfortunately, we are forced to charge you for the cost of the consultation if you cancel your appointment after this time or for no-show. A consultation costs €50.
- Should you wish to cancel the treatment, you may cancel the appointment within 7 business days of the date of the OR confirmation. If you cancel after this deadline, MOOI Clinic is forced to charge 10% of the treatment amount for expenses incurred. This also applies to changing in surgery date after 7 working days for treatments under anesthesia and/or at remote location.
- If changed or cancelled 7 days or less before treatment, 50% of the treatment will be billed to the client. This also applies to no show at the agreed treatment date and location.
- Rescheduling a treatment can be done up to 3 weeks before surgery at the latest. This applies only to procedures at location MOOI clinic. Rescheduling of treatments at remote locations are only possible up to 7 days from the billing date. If you want to change the treatment date after that, 10% of the treatment amount will be charged for expenses incurred. If you want to change your treatment 7 days or less before treatment date, article 12.8 applies
- Due to unforeseen circumstances, MOOI Clinic reserves the right to change the agreed treatment date.
- Cancel, postpone or reschedule treatment for illness or injury; the patient/client must provide a signed written medical statement from his/her primary care physician or treating specialist stating that the scheduled treatment cannot take place on the scheduled treatment date.
Part 4. Liability
Article 14 – Liability and additional costs.
- MOOI Clinic is not liable for damage to or loss of a client’s property. It is the client’s responsibility to exercise due care to prevent damage to or loss of their property.
- MOOI Clinic is not liable for damages caused by a cause attributable to the client, such as incorrect or incomplete information provided by the client.
- The limitation and expiration period of a client’s claim, notwithstanding the statutory period, is one year.
- The cost of surgery includes various costs for the services provided: hospital fees, surgeon’s fees, the cost of surgical supplies, anesthesia, etc. This depends on where the surgery is performed. If the surgery is (partially) reimbursed by the health insurance company, the client is responsible for the payments of deductibles and non-covered costs such as laboratory tests. The cost of treatment does not include any future additional treatments, whether required or chosen by the patient/client. Additional costs that may occur may result from complications.
Article 15 – Complaints procedure
1. The social worker shall have a sufficiently publicized complaint procedure and shall handle the complaint in accordance with this complaint procedure.
2. MOOI Clinic and Hospital Zuyderland each have their own complaints procedure. With regard to treatments by MOOI at the Zuyderland location, the MOOI clinic’s complaints procedure applies, provided that the complaint concerns actions of Zuyderland employees. In the case of complaints about Zuyderland employees, Zuyderland’s complaints procedure applies.