Terms and conditions | Kraamzorg Believe

Article 1. Definitions

In these terms, the following definitions apply:

Client:
the natural person who receives maternity care from Kraamzorg Believe. This means the pregnant woman before the birth and the woman who has given birth (kraamvrouw) after the birth.

Maternity care provider Believe:
The economic entity that enters into the maternity care agreement.

Midwife:
An independent medical professional who supports the pregnant woman and her partner during pregnancy and birth and has regular contact with the woman. This also includes the GP who is active in midwifery (verloskundig actieve huisarts).

Maternity carer:
The natural person who provides maternity care and labour assistance (partusassistentie) under the medical responsibility of the midwife.

Maternity care:
Care, support, instruction and information for the client and the newborn.

Minimum maternity care:
The statutory minimum of 24 hours of maternity care, excluding labour assistance, spread over eight days.

Care needs assessment (indicatiestelling):
The assessment of the care needed, based on the National Assessment Protocol for Maternity Care (Landelijk Indicatieprotocol Kraamzorg, LIP).

National Assessment Protocol for Maternity Care (Landelijk Indicatieprotocol Kraamzorg, LIP):
A protocol that describes what constitutes maternity care of an appropriate standard and that determines the number of hours of maternity care needed for good care of the client and the newborn.

Registration / enrolment:
A request from the client to the maternity care provider to provide maternity care.

Agreement:
The agreement concluded between the client and the maternity care provider with regard to maternity care.

Intake:
A conversation, in person or by telephone, between a representative of the maternity care provider and the client before week 34 of the pregnancy, in which, among other things, the nature and scope of the maternity care to be provided and any additional maternity care and services are determined. It also covers what the client's care needs are and what is expected of the client in order to receive good care.

Practice supervisor:
The natural person who supervises a maternity carer in training or a trainee at the workplace/placement.

JGZ handover:
Handover to youth health care (jeugdgezondheidszorg, JGZ) of data from the maternity period about, among other things, the client, the newborn, the family situation, the birth and the course of the maternity care period.

Incident:
Any unintended or unforeseen event in the maternity care process with consequences, immediate or in due course, that are noticeable for the client and/or the newborn.

In writing:
In writing also includes digitally or by email.

Electronic means:
The transfer or storage of data via a website, the internet or email.

Article 2. Applicability

These general terms and conditions apply to the agreement.
These general terms and conditions describe the rights and obligations of the care provider and the client.
These general terms and conditions do not affect mandatory provisions of law.

Article 3. Making the general terms and conditions available

The maternity care provider hands these general terms and conditions to the client before or when the agreement is concluded, and explains them orally at the client's request.
a. If the agreement is concluded by electronic means, the general terms and conditions may be made available by electronic means in such a way that they can be stored so that they remain accessible later;
b. If the agreement is not concluded by electronic means, the general terms and conditions may also be provided in a comparable way by electronic means, but only if the consumer agrees to this.

Article 4. Clear information

The maternity care provider ensures that it has information available (in writing or on the website) that enables the client to make a good comparison with other maternity care providers, in order to be able to make a choice.
In this information the maternity care provider states at least:
1. that an agreement is concluded at the moment the maternity care provider accepts the registration;
2. that the client has the right to rescind the agreement up to 14 days after acceptance by the maternity care provider;
3. any reservations regarding the ability to provide the maternity care to be agreed.
The maternity care provider ensures that, for the duration of the agreement, the client remains sufficiently informed about matters relevant to her and to the newborn concerning the performance of the agreement.

Article 5. Before the agreement is concluded, and way of working

Once the client suspects she is pregnant, she contacts a midwife. The midwife schedules a consultation to determine whether the client is pregnant.
Once the midwife has established that the client is pregnant, the midwife will schedule appointments to guide the client before, during and after the pregnancy.
Once it has been established that the client is pregnant, the client can register or enrol with a maternity care provider, if desired in consultation with the midwife.
At maternity care provider Believe, registration takes place in writing or digitally. In the registration / enrolment the client asks the maternity care provider to provide maternity care to the client.
If the registration / enrolment is made via the website, the client receives a confirmation by email, confirming to the person who registered / enrolled that the registration / enrolment has been received in good order.
After the registration / enrolment, the maternity care provider contacts the client within 14 days to schedule an intake meeting. At the intake meeting the maternity care provider explains how the maternity care process works, what the options are with regard to maternity care (nature and scope of the maternity care), which items are required in the home for the birth in order to get through the maternity care period as well as possible, and what the client must comply with under occupational health and safety legislation (Arbowetgeving). The intake meeting also covers Dutch health insurance and the possible costs that the client has to pay on the basis of her Dutch health insurance or for any extra maternity care services she takes.
If the parties reach agreement, an agreement is signed after the intake meeting. The client then receives a maternity care file (kraamdossier), an hours letter (urenbrief) and the National Assessment Protocol for Maternity Care (LIP).
The client is given an explanation of special circumstances that may arise during a birth, as a result of which independent transport from home to the hospital and from the hospital to home may not be available. In that case the maternity care provider could transport the client, and the hours of the maternity care worker start from the moment the maternity care worker arrives at the location from which the client has to be transported to the hospital. The client agrees to this.
The client is given an explanation of when the maternity care hours start in the case of a “home birth” or a “hospital birth”. If the client requests the presence of the maternity care worker before or during the birth, the hours start from the moment the maternity care worker has arrived at the client's location. The client agrees to this.

Article 6. Conclusion of the agreement

After the parties have had an intake meeting and the client wishes to use the services of the maternity care provider, the maternity care provider accepts the registration in writing, whereby the agreement is concluded. The client has the right to rescind the agreement (free of charge) up to 14 days after the agreement is concluded.
If the client does not want an intake meeting at her location, the maternity care provider will hold the intake meeting by telephone. The agreement will then be sent digitally or by post, and must be received back, signed, within 7 days.
If the client is younger than 18, the agreement must be signed by a legal representative, even though from the age of 16 she may legally enter into a medical treatment agreement (WGBO), because of the financial guarantee required until the age of 18.
The agreement contains at least:
1. a reference to the LIP for the nature and scope of the maternity care. The nature and scope of the maternity care are determined in writing during the intake meeting (before week 34 of the pregnancy);
2. where applicable, a clear description of the reservations regarding the ability to provide the agreed maternity care and the consequences thereof;
3. that agreements on additional maternity care and services are discussed during the intake and recorded in writing in the agreement. If this results in costs for the client, the client receives an itemised statement;
4. a provision that the client owes a statutory own contribution (eigen bijdrage) on the hours of maternity care provided. No own contribution has to be paid on the hours of labour assistance;
5. an arrangement regarding consent for the use of data of the client and the newborn
  - for the legally required measurement of care-related quality indicators and for measuring client experiences in care at VSV (obstetric collaboration network) and organisation level; in the context of the internal quality cycle and internal quality improvement for checks by health insurers in implementation of the contract with the maternity care provider, in accordance with the applicable rules;
  - for the transfer of data to youth health care (JGZ);
6. any cancellation costs arrangement;
7. a provision that the agreement can only be amended after consultation between the maternity care provider and the client, and that this must be recorded in writing;
8. a reference to these general terms and conditions and their applicability.

Article 7. Deviation from the agreement

If the client has signed an agreement for 49 hours or more/fewer and, during the maternity week, wants fewer hours than the agreed hours, the maternity care provider will charge the agreed hours. Under the agreement, the maternity care provider has scheduled the maternity care worker and kept her available. The wish to take fewer hours is at the client's expense, and it is calculated in accordance with the NZa maternity care rates.
If the client terminates the agreement without compelling reasons, and if the client does not cooperate in filling in the timesheet in line with the agreed hours, the maternity care provider will charge the client for the hours it has worked and kept available.
If, after signing the agreement, the client wants different hours, this is possible only up to 4 weeks before the due date. The request must be made in writing or digitally and can only be granted after approval by the maternity care provider.
If, during the maternity week, the midwife considers an assessment necessary for more maternity care than agreed, the maternity care provider will provide the assessed hours of maternity care, depending on its availability. If the number of hours exceeds the maximum of 80 hours (after an assessment by the midwife) and no further assessment is possible, the client can decide whether the services of the maternity care provider are continued. The hourly rate of the maternity care provider is an amount of € 60,– per hour.
If, during the maternity week, the client decides to take more hours and no assessment or reimbursement from the Dutch health insurance applies for this, the client agrees to an hourly rate of € 60,– per hour for the work that has been agreed.

Article 8. The intake

At the intake, the care needs assessment for the number of hours of maternity care is discussed with the client. This meeting covers:
1. the procedure for obtaining a (re)assessment in accordance with the LIP, an explanation of the (re)assessment, and the consequences of the client ending the maternity care early;
2. determining the nature and scope of the maternity care to be provided on the basis of the LIP and the client's wishes;
3. a description and, where applicable, determination of the additional maternity care (reimbursed by the health insurer under a supplementary package, or privately funded);
Before or during the intake, the maternity care provider offers the client written information on at least the following points:
- the division of responsibilities between maternity carer and midwife;
- the existence of a client version of the care standard (zorgstandaard);
- key management;
- which arrangements the client must make to enable the maternity carer to work safely in accordance with the regulations on working conditions and hygiene;
- the use of the car of the client and/or partner by the maternity carer;
- the parking policy;
- the privacy policy;
- the medication policy;
- the duty to inform the client about the deployment of maternity carers in training, and the duty to obtain consent when trainees are deployed.
- any cancellation costs arrangement
- the consequences of the Working Hours Act (Arbeidstijdenwet) and the collective labour agreement (cao) for the deployment of maternity carers
- damage arrangement: the scheme for compensation of damage caused by the employee of the maternity care provider
The agreements made in the intake meeting are recorded in writing.

Article 9. The maternity care plan

At the start of the maternity care, the maternity carer draws up a maternity care plan in writing, on the basis of the care needs assessment from the National Assessment Protocol (LIP) and in consultation with the client.
The maternity care plan records the goals and agreements, tailored to the wishes, habits and circumstances of the client and the newborn.
The maternity care plan also records at least:

– which family members or other informal carers are involved in the provision of maternity care;

– the agreements made on support, instruction and information to be provided by the maternity carer to the partner and/or other family members.

– the moments at which the maternity care plan is evaluated.

If the maternity carer cannot provide the agreed maternity care in accordance with the maternity care plan, the maternity carer/maternity care provider informs the client immediately. If the client cannot or does not want to receive the agreed maternity care in accordance with the maternity care plan, the client informs the maternity carer immediately and, outside the maternity carer's working hours, the maternity care provider. In consultation with the client, the maternity carer then adjusts the maternity care plan.
The maternity care plan is part of the birth care plan that the coordinating care provider has drawn up together with the pregnant woman.

Article 10. Retention of data

The maternity care provider must keep data about the client and the newborn. This data is recorded in the agreement, the LIP form, the JGZ handover, the hours registration, and a record of the registration, interpretation and actions to be taken in respect of the client and/or the newborn for the purpose of identifying health problems.
When the agreement ends, the maternity care provider keeps the above data, and this data remains available to both the maternity care provider and the client. The client receives a copy if she wishes. For the data referred to in Article 7:454 of the Dutch Civil Code (Burgerlijk Wetboek), the retention period laid down there and the client's rights regarding correction and destruction apply. For other data, the standard in the Dutch Personal Data Protection Act (Wet bescherming persoonsgegevens) applies.

Article 11. Provision of data and granting of access by the maternity care provider to third parties

Without the client's written consent, the maternity care provider does not provide any data about the client and the newborn (or access to it) to third parties, except to comply with a legal obligation or to comply with the child abuse reporting code (meldcode kindermishandeling) if consent cannot be asked for because of the safety of the child/family.
Third parties as referred to in the first paragraph do not include the midwife and those who are involved, on behalf of and/or on the instructions of the maternity care provider, in the provision of maternity care, insofar as providing data (or access to it) is necessary for the work they carry out.
After the death of the client and/or the newborn, the maternity care provider, if asked, gives the surviving relatives access to the data kept by the maternity care provider, insofar as the client has given written consent for this or consent may be presumed.
The maternity carer and those who are involved, on behalf of and/or on the instructions of the maternity care provider, in the provision of maternity care are bound by a duty of confidentiality. The maternity care provider informs the client of this.

Article 12. Maternity care

The maternity care provider provides maternity care in compliance with:
1. the standards for “responsible maternity care” (“verantwoorde kraamzorg”) as laid down by representative organisations of at least maternity care providers and clients in consultation with the Dutch Healthcare Inspectorate (Inspectie voor de Gezondheidszorg),
2. the care standard as laid down by the National Health Care Institute (Zorginstituut Nederland) and the care described in the LIP.
The maternity care provider ensures that all maternity carers who provide maternity care to the client within the maternity care provider's organisation or on its instructions:
1. are at all times authorised and competent to do so;
2. are registered in the Quality Register of the Kenniscentrum Kraamzorg (maternity care knowledge centre)
3. act in accordance with the professional standards that apply to the maternity carer, including the guidelines of the profession, and in any case as a reasonably competent and reasonably acting professional.
The maternity carer in training may only provide maternity care under the supervision of a practice supervisor
The maternity care provider ensures continuity of maternity care.

Article 13. Safety

The maternity care provider uses sound materials that it needs to practise the profession.
In the seventh month of pregnancy, an appointment is scheduled at the client's home. During the home visit, the following are checked: whether the bed of the parents and the baby's bed meet the requirements, alcohol and drug use, baby items, supplies needed for the maternity carer, supplies needed for the parents, and the safety of the maternity carer.

Article 14. Replaced parts

If the client and/or the newborn deals with two or more care providers who are involved, on behalf of or on the instructions of the maternity care provider, in the provision of maternity care, the maternity care provider ensures that:

a. all care providers involved inform each other at handover or via the maternity care plan and, where necessary, ask each other about relevant data on the client and/or the newborn, taking the client's experiences into account and informing the client about this;
b. the tasks and responsibilities regarding the provision of maternity care to the client and/or the newborn are clearly delineated and coordinated between the care providers involved;
c. all care providers keep the maternity care plan up to date and consult it.

Article 15. Incidents

As soon as possible after an incident, the maternity care provider informs the client about:
1. the nature and cause of the incident;
2. whether and which measures have been taken to prevent similar incidents.
If an incident affects the health of the client and/or the newborn, the maternity carer discusses this with the midwife immediately.
The maternity carer provides adequate maternity care on the instructions of the midwife in order to limit the consequences of the incident for the client and/or the newborn.
If an incident calls for immediate intervention, the maternity carer acts immediately and reports this to the midwife as soon as possible.
The maternity care organisation ensures adequate reporting of incidents in the registration systems established for that purpose.

Article 16. Care of personal belongings

The maternity care provider ensures that those who, under its responsibility, are involved in the maternity care for the client and the newborn handle their belongings with care.

Article 17. Obligations of the client

Before the agreement is concluded, or during the term of the agreement at the request of the maternity care provider, the client identifies herself with a legally recognised, valid proof of identity.
To the best of her knowledge, and partly in response to its questions, the client gives the maternity care provider the information and cooperation that it reasonably needs to perform the agreement.
The client refrains from behaviour such as aggression, discrimination, (sexual) intimidation and/or other behaviour that is harmful to the health or well-being of the maternity carer and other persons working for or on the instructions of the maternity care provider. The client also makes an effort to ensure that family members and visitors refrain from the above behaviour.
The client gives all necessary cooperation to enable the maternity care provider to have maternity care provided in accordance with the regulations on working conditions and hygiene.
The client must give the maternity carer and other persons working for or on the instructions of the maternity care provider the opportunity to carry out their tasks as recorded in the maternity care plan or in the interest of safety.
As soon as the client receives maternity care and/or services from another maternity care provider, she informs the maternity care provider of this immediately.
The client must report in writing to the maternity care provider, within 48 hours after the end of the maternity care, any damage she has found.
The client is deemed to be insured for statutory liability.

Article 18. Payment

The client owes the maternity care provider the agreed price for the agreed maternity care and services, insofar as these are not payable under the Health Insurance Act (Zvw) or directly by the health insurer.
For the agreed costs of additional maternity care, own contribution and/or services, the maternity care provider sends the client a clear, itemised invoice.
After a payment period of 30 days has expired, the maternity care provider sends a payment reminder and gives the client the opportunity to still pay within 14 days of receiving the reminder.
If payment has still not been made after the second payment period has expired, the maternity care provider is entitled to charge statutory interest and extrajudicial collection costs from the expiry of the first payment period.
Notwithstanding the preceding paragraphs, the client owes € 250,– in cases where the agreement is ended or terminated after the agreement was concluded and the 14-day period has expired, but four weeks before the due date, if the client decides to engage another maternity care provider and the health insurer does not reimburse the costs of the maternity care provider. This amount must be credited to the bank account of the maternity care provider within 14 days after the agreement ends.
The maternity care provider offers an extra service, namely the provision of a breast pump. The breast pump can be used by the client against payment, at a charge of € 3,– per day. If the device is damaged through the fault of the client, the liability insurer or the client must compensate the damage to the breast pump.

Article 19. Ending of the agreement

The agreement ends:
1. through admission of the client to a hospital, if she does not return from the hospital within 10 days after the birth and the newborn does not need maternity care during these 10 days, unless the client has supplementary insurance for deferred maternity care;
2. through admission of the newborn to a hospital, if the newborn does not return from the hospital within 10 days after the birth and the client does not need maternity care during these 10 days, unless the client has supplementary insurance for deferred maternity care;
3. by mutual consent, which is recorded in writing;
4. through the death of the client, if the newborn does not need maternity care;
5. through the death of the foetus or newborn, if the client does not need maternity care;
6. on medical grounds relating to the client;
If the client terminates the agreement unilaterally other than on the basis of the above items, the maternity care provider may charge cancellation costs of € 250,–, as provided in Article 18, paragraph 5.

Article 20. Termination by the maternity care provider

The maternity care provider may terminate the agreement only in writing and for compelling reasons, provided the following conditions have been met:

the maternity care provider has discussed with the client the grounds on which the intended termination is based;
the maternity care provider has discussed a suitable alternative with the client.