From when do these module(s) apply?
The General Terms and Conditions in this module(s) apply from the moment you have accepted our offer of care to be provided.

Can we change this module(s)?
The General Terms and Conditions in this module(s) can only be changed:

• in consultation between ActiZ and BTN on the one hand and the Consumers’ Association, LOC Zeggenschap in zorg and the Dutch Patients’ Federation on the other; or
• if a change is necessary due to changes in legislation or regulations; or
• by us, after detailed advice from the client council and if the change is not to your disadvantage.

We will inform you in good time about a change to this module. We will also indicate when the change will take effect.

A change that directly results from a change in legislation or regulations will enter into force at the time the change in legislation or regulations enters into force. We may also inform you of such a change afterwards.

What are our obligations?
We have the following obligations:

• we work with you to tailor the care provided to your wishes and needs;
• we refrain from behavior that is harmful to your health or well-being;
• If there has been an incident in the provision of healthcare that has or could have noticeable consequences for you, we will inform you immediately about the nature and circumstances of that incident and what the options are for remedying the consequences.

What are your obligations?
What are your obligations?

• you provide us with the information and cooperation required to perform the agreement to the best of your knowledge;
• you enable us to provide care as agreed in the care plan and in accordance with regulations on working conditions, such as safety, health and hygiene;
• you notify us as soon as possible if you notice any damage that may have been caused by us;
• you refrain from behavior that is harmful to our institution, the health or well-being of other clients, our employees and volunteers;
• You may not make video recordings of other clients, our employees and volunteers without our permission. If you want to make audio recordings of a conversation with one of our employees for private use, you must report this before the conversation. You may not make audio recordings of a conversation with one of our employees public without our permission.

2) Care plan ¹

What is a care plan and how is it created?
The care plan is a document that is drawn up in consultation with you at the start of our care provision. The care plan records the agreements on the implementation of the care provision and the outcomes of the care plan discussion. In the care plan, we align as much as possible with your wishes and possibilities.

What happens if we cannot agree on the care plan?
We will try to reach an agreement with you on the care plan. If this does not work or if you do not
give permission for (parts of) our care/treatment, this will be stated in the care plan. These parts will not be carried out unless this is necessary to prevent serious harm to you.

What happens during the care plan meeting?
During the care plan meeting, we evaluate and update the care plan with you and discuss how the care provision is going and/or whether adjustments are needed. We also discuss with you:

• the way in which you wish to organise your life and what support you would like to
  receive from us;
• the goals of the care provided for a specific period and how we will try to
  achieve these with you;
• the care providers responsible for the various components of care provision, the manner in which coordination between these care providers takes place and who your point of contact is;
• which family members or others will be involved in the care provision or will receive information from us about the care provision and how we will do this;
• how often and why the care plan will be evaluated and updated with you. After an evaluation and update of the care plan, we will always ensure, within 6 weeks at the latest, that the results are included in the care plan and that you are given access to it.

 What if you cannot or do not want to consult about the care plan?
If you do not want or cannot consult with us about the care provision, this will be stated in the care plan.  When recording, evaluating or updating the care plan, we will take into account as much as possible what we think you want and can do, given your possibilities and limitations.

What if we or you cannot (or cannot) comply with the agreements in the care plan?
If the care requirement changes and we are no longer able to provide the care, we will let you know as soon as possible and discuss this with you.

If it is impossible for you to receive care, you must inform us as soon as possible and in any case 24 hours in advance. For example, if you are on holiday or cannot be present for a day. If you do not do this, we can charge you for lost income, unless you can demonstrate that you were absolutely unable to cancel in time. The amount that we can charge is not higher than the lost income and can be consulted on our website and/or on paper.

1) The care plan is also called a care plan, personal development plan or individual plan.

3) Personal data and privacy

Is there a care file?
The law requires us to maintain a file in connection with the good care provided to you. In the care file  we store data about you that are important for the care provided, such as medical data.  The care plan is part of the care file. We are responsible for the care file.

What is your care file used for and who has access to it?
Without your explicit permission, we will not provide access to the care file to others, unless this is required by law, for example when access by the Health Care Inspectorate is necessary.

Others are not:

• those directly involved in the provision of care or treatment if this is necessary for the work they perform;
• your (legal) representative (if you have one), to the extent necessary for the performance of
  his/her duties.

We use your care file when providing care only to the extent necessary, such as for:

• the good care and treatment provided to you;
• quality assurance and quality promotion of healthcare;
• the financial settlement and control;
• peer review;
• intervision and supervision;
• disaster and incident investigation.

 Can you request to change or destroy your care file data?
If you submit a destruction request in writing, we will destroy your care file. However, we will not destroy your care file if keeping it is of significant importance to someone other than yourself. This must concern a specific, current interest. We will also not destroy your care file if this is not permitted by law.

Within one month after you have asked us to destroy your file, we will let you know in writing whether we have done so. If necessary, we can extend this period by 2 months. If we reject your request to destroy your care file, we will state the reason for this in our written response to your request.

As long as you are in our care, we cannot work without a care file. However, we can correct or remove parts of it at your request if they are incorrect or irrelevant or if you object to them. You can submit a request for this. We will discuss this request with you and indicate whether and how it can be carried out.

What rules apply to maintaining and storing the care file?
We adhere to the applicable laws and regulations when maintaining and storing the care file.

This means the following:

• data from the care file are retained for 15 years after the end of care, or for as long as is reasonably necessary;
• we may process your personal data about internally reported incidents without your consent if this is necessary for the investigation of the incident;
• We act in accordance with laws and regulations regarding the protection of your personal data.

 Can you inspect the care file and get a copy?
You can inspect the care file and get a copy. No inspection or copy of a part of the file will be granted if the personal privacy of another person is harmed as a result, and that interest must prevail over the interest of inspection. This is an exceptional situation.

What happens to the care file after the end of the agreement?
Even after the end of the agreement, we will retain the care file and other (administrative) data for as long as is legally required or as long as is reasonably necessary. You will receive a copy or access if you so wish, unless the exceptional situation as described under: Can you access the care file and receive a copy?

Do we give your surviving relatives access to the care file?
If you have given written permission for this before your death or if permission may be assumed according to the applicable guidelines of the KNMG, we will give your surviving relatives access to the care file at their request. If it is clear or plausible that you would not have wanted this, we will not grant access to surviving relatives.

How do we deal with scientific research and education?
If we want to involve you in scientific research or education, we will inform you about the purpose of the scientific research or education and about the possible risks of participating in it. We may only involve you in scientific research or education, or make your data available or use it if you have given your explicit permission.

If obtaining explicit consent proves impossible or involves a disproportionate effort, data processing may be carried out for scientific or historical research purposes or statistical purposes if:

• the research serves a public interest and
• the implementation provides for such safeguards that the personal privacy of the data subject is not disproportionately harmed.

We may also use or provide completely anonymous data that can no longer be traced back to you, without your permission.

How do we handle images for information about our organization?
Sometimes photos or other images are taken for our brochures or website. If we want to use photos or videos in which you appear, we will always first ask you for your separate, explicit permission.

Who can be present during a medical procedure?
If we perform a medical procedure, we ensure that this  is done out of sight and hearing of others. Others are not:

• the healthcare provider who performs the procedure and those whose cooperation is necessary in carrying out the procedure;
• your representative, unless the healthcare provider believes that the presence of the representative is not in keeping with good healthcare provision.

If we plan to have an intern present during a medical procedure or a consultation, we will ask your permission in advance.

4) Payment terms

Do you have to pay for the care provided?
You must pay us for the care provided if it  is not paid to us directly by the care office or the health insurer on the basis of the Long-term Care Act or the Health Insurance Act.  In addition, you may be required to pay a statutory personal contribution to the CAK. The CAK determines how high this personal contribution is. It is also possible that the care falls under the deductible of the Health Insurance Act.

How much do you have to pay?
If you have to pay for healthcare, we will inform you of our prices before the start of that healthcare. Information about the personal contribution can be requested from the CAK. Your insurer can inform you about the deductible.

When do you have to pay?
We will send you a clear and specified invoice for the care that you have to pay for yourself, which you have to pay within 14 days by direct debit or payment slip.

What happens if you do not pay?
After the 14-day term has expired, we will send you a payment reminder and we will give you the  opportunity to pay within 14 days of receiving the payment reminder. If you still have not paid, we will charge you interest and extrajudicial collection costs from the expiry of the first payment term. The interest is equal to the statutory interest. The extrajudicial collection costs are calculated in accordance with the Decree on compensation for extrajudicial collection costs.

Can we adjust the prices of healthcare?
We can adjust the prices of healthcare each year to at least the wage and price developments (‘indexation’) and statutory rates.

5) Provision of information

What information will you receive?
We will inform you at least during the care plan discussion about all the topics listed above under Chapter 2. Care plan: What happens during the care plan discussion?

We also make an effort to keep you sufficiently informed about everything that is important to you for the execution of the agreement. Furthermore, we provide you (on our website or on paper) with information about:

• general matters that are important to us and that are important for healthcare;
• what care and any additional services we provide;
• how you can obtain a new indication/referral/authorization and whether we can help you with this;
• the possibility of drawing up a written will in which you state how you want to be
  acted upon if you find yourself in a situation in which you can no longer decide for yourself;
• our accessibility in the event of an emergency;
• our complaints procedure;
• our privacy policy;
• our client council.

How do we provide information?
Every time we provide you with information, we try to do so at a level and in a form that is appropriate for you. We check whether you have understood the information and whether you have any questions.

What information do we receive from you?
Before the start of care:

• provide us with the name and contact details of a contact person, your (legal) representative or the person authorized by you (in writing) to act in your place if you can no longer be considered capable of making a reasonable assessment of your interests;
• and during the term thereof, you identify yourself with a legally recognized and valid identification document;
• you provide us, to the best of your knowledge, with all information that may be relevant to the provision of care or treatment, including information about any advance directive;
• Please inform us if you are receiving care from another healthcare provider.

6) Complaints and disputes

If you are satisfied with the care we provide, you can also let us know.

6.1 Complaints

What can you do with a complaint about us?
We have a complaints procedure that you can consult on our website or in a brochure. It states where you can submit your complaint and how your complaint will be handled by us. If you wish, you can also obtain this procedure from us in writing.

We have appointed an officer who will help you find a solution together with us if you
are not satisfied with us. This officer is free for you and can also advise you on various other
bodies where you can go with your complaint. Even if this officer is employed by us, he or she can work completely independently.

If you have a complaint, please report it to us. This can be done by email: info@centrumopgavestelling.nl or by post: Stichting Centrum Indicatie Stelling, Postbus 470 – 2990 AL Barendrecht

What if your complaint is not handled to your satisfaction?
If your complaint has not been handled to your satisfaction, you can submit a dispute in the manner described here under 6.2 Disputes and on the website of the Disputes Committee.

6.2 Disputes

What procedure applies in the event of a dispute?
You can submit a dispute to the Disputes Committee.

In principle, a dispute is settled by the Disputes Committee and only in exceptional circumstances can the dispute subsequently be submitted to the court.

Is there a time limit for filing a dispute?
You must file the dispute with the Disputes Committee within 12 months of the date on which you filed your complaint with us  .

Are there any conditions for submitting a dispute?
You must first have submitted your complaint to us. If your complaint has not been resolved satisfactorily or has not been dealt with within the term (6 weeks, possibly extendable to 10 weeks), you can submit the dispute to the Disputes Committee.

Do you have to submit a dispute to the Disputes Committee?
You can also go to court. If the dispute concerns the actions or omissions of a BIG-registered  healthcare provider, you can also go to the disciplinary court. However, if you choose the Disputes Committee, we are bound by that choice.

If you do not agree with the answer to the submitted complaint, you can report this to the
Disputes Committee.
Address: Postbus 90600, 2509 LP Den Haag.
Website: Disputes Committee

 Can we submit a dispute to the Disputes Committee?
We can also submit a dispute to the Disputes Committee. We do need your consent to do so.

Can disputes on all subjects be submitted to the Disputes Committee?
Disputes on liability for damages exceeding a financial interest of €25,000 will not be handled by the Disputes Committee.

7) End of the agreement

When does the agreement end?
The agreement ends:

• if the period for which we concluded the agreement has expired;
• if you and we both want that;
• after a unilateral termination of the agreement by us in the situations listed in and taking into account the provisions under: When can we terminate the agreement ?;
• after a unilateral termination of the agreement by you, taking into account the provisions under:
  Can you terminate the agreement ?;
• when you move outside our working area;
• if the health care office or health insurer no longer pays us for the care provided to you and you are not prepared to pay for the care yourself;
• in the event of dissolution by the court;
• upon your death.

 When can we terminate the agreement?
The agreement can be terminated by us by e-mail or letter and with due observance of a  reasonable notice period if:

• we can no longer or are no longer allowed to provide the care you need. For example, if there is such a change in the care requirement that we can no longer provide good care or after a new indication decision/(statement);
• you and/or your loved ones do not comply with the obligations under the agreement or you and/or your loved ones behave in such a way that we cannot be expected to continue the agreement;
• there are other important reasons for the termination, which we have discussed with you.

 What happens if we cancel the agreement?

• If we terminate the agreement for one (or more) of the reasons stated above under: When can we terminate the agreement?, we will do our best to help you find a suitable alternative and inform you of the possibility of submitting a complaint.
• You will receive a copy of the care file upon request.
• We will only provide information about you to a healthcare provider who takes over your care with your express consent.
• If we believe there is reason to do so or if we are obliged to do so, we will
  inform the health insurance company or the health insurer and the Health Care Inspectorate about the termination of the agreement and the reason(s) thereof.

 Can you cancel the agreement?
You can cancel the agreement at any time by email or letter.

Can you cancel the agreement if we change the prices of the additional care?
If we change the prices of the additional care that you pay for yourself, you may cancel the agreement with effect from the date on which the higher prices apply.

These General Terms and Conditions of ActiZ and BTN have been drawn up in consultation with the Consumers’ Association, LOC Zeggenschap in zorg and the Dutch Patients’ Federation, within the framework of the Self-Regulation Consultation Coordination Group of the Social and Economic Council and will enter into force on 1 October 2018.