Business operations
- Contracts and deliveries
- Collecting your invoices
- A dispute with a supplier
Legal expenses insurance (rechtsbijstandverzekering) for care institutions
For a care organisation the centre of gravity is not the client but two other parties: the workforce and the funder that buys the care.
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In brief
A care organisation is first of all a large employer with shift rotas, a collective agreement to apply and high absence levels. Discussions about a suitable role during long-term incapacity, about continued pay and about dismissal after an incident make up most of the files. There is also the question of whether self-employed professionals hired in are really self-employed. That classification affects both employment law and contributions.
The second line is funding. You contract with care administration offices, local authorities and health insurers, each with its own purchasing framework and its own accountability requirements. A recovery after a substantive audit or a rejection in a tender is a contractual dispute with a short deadline for responding. Without the contracts module you are on your own there, and tender disputes are often separately excluded as well.
The third line is supervision: an instruction from the inspectorate, a decision about your admission or an enforcement process by a local authority. That is administrative law with deadlines for objecting of a few weeks. See also business legal expenses insurance and, for hiring in, the version for employment agencies.
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What does legal expenses insurance for care organisations cover?
The structure of the cover in three parts, with an overview per situation below.
Separate modules
What you add separately.
- Employment law and staff
- Rent of the business premises
- Tax and social security
What falls outside it
What the policy will not take on.
- A dispute dating from before the start date
- Below the threshold
- During the waiting period
What is covered
| Situation | Basic module | With extension |
|---|---|---|
| Dispute with a client about work delivered | Yes | Yes |
| Collection of an unpaid invoice | Provided that | Yes |
| Employment dispute with an employee | No | Yes |
| Dispute with the landlord of your business premises | No | Yes |
| Tax dispute with the Belastingdienst (the Dutch tax authority) | No | Provided that |
| A dispute that was already running before the start date | No | No |
Business legal expenses insurance has a waiting period and a threshold: a case is not taken on below a certain financial interest. Employment law, tenancy law and tax law are usually in separate modules. In legal proceedings you have a free choice of lawyer. A dispute whose cause already existed when the policy was taken out is excluded.
This overview is general in nature and is not personal advice. What is actually covered, including exclusions, limits and the excess, is set out in the policy conditions and the insurance card (verzekeringskaart) of the insurer; you receive both before you take out cover. Taking out cover without advice? Then read what execution only means for you.
What does your premium depend on?
- Payroll and number of employees. For care organisations this is the dominant basis of calculation, because employment law makes up most of the files.
- Type of care and funding stream. Long-term care, social support, health insurance and youth care each have their own purchasing framework and their own dispute risk.
- Number of locations and leases. More property means more disputes with landlords, local authorities and local residents.
- Use of self-employed professionals and agency staff. A high proportion of hired-in staff increases the risk of discussion about the classification of the working relationship.
- Modules chosen. Employment law, administrative law, contracts and property are priced per module.
- Limit on external costs per case. The maximum for an external lawyer under free choice of lawyer varies widely per insurer.
Insurers weigh these details differently. That is where your saving is.
How we arrange it
- You request a quoteWe take stock of your situation, your risk and your wishes.
- We compareseveral insurers, on premium as well as conditions.
- You receive a proposalWith an explanation of the differences and the exclusions.
- We arrange the switchIncluding cancellation, so there is no gap in cover.
Why arrange it through Finass Verzekert?
We look at the terms as well as the premium, and stay your point of contact when there is a claim.
Independent
We are not tied to one insurer and compare on the basis of an objective analysis of several companies.
One fixed adviser
You call or email someone who knows your file. No menu options, no changing call centres.
Switching without hassle
We cancel your old policy and align the start date, so you are never a day without cover.
Help with claims
We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
9.5New policy
9.8Claims handling
Customers rate our service on four aspects: personal service, service delivery, availability and the outcome. The reviews are collected and published by NH1816 and come from customers who have actually taken out a policy with Finass Advies B.V. or reported a claim.
Where things go wrong in practice
Four points that make the difference between a policy that pays out and one that does not.
Employment law in absence and reintegration
During long-term absence, pay continues and you have to make demonstrable reintegration efforts. If a pay sanction follows, or an expert opinion that goes against you, the discussion is about both how you built the file and the costs. The employment law module covers the assistance. The wages paid and the pay sanction imposed stay outside the cover, even if you later win the case.
Supervision is administrative law with short deadlines
An instruction from the inspectorate or a decision about your admission has to be challenged within six weeks. That deadline is absolute: too late is too late, whatever the merits. The administrative law module is not a standard section of business legal expenses cover, while care organisations are exactly the ones who have to deal with it. Check whether it is on your policy schedule and whether enforcement by a local authority falls under it too.
Care contracting and recovery
Care administration offices and local authorities check afterwards whether the care delivered matches the assessment and the accounts. If it differs, a recovery follows covering several years. That falls under contracts. Note that tender disputes are a separate category many policies exclude, and that the recovery itself is a financial loss the legal expenses insurance does not reimburse.
Consultation bodies and the client's position
The client council and the works council have rights of advice and consent on reorganisations, the closure of a location or a merger. A negative opinion can hold up your decision for months. Disputes with your own consultation bodies are excluded on some policies because there is no external opponent; have this category named explicitly before you take out the policy.
Frequently asked questions
This is what people ask us most.
Does an instruction from the inspectorate fall under the cover?
Only with the administrative law module. Without it the policy is limited to disputes with civil opponents and you are on your own when it comes to supervision. Watch the six-week deadline for objecting: it runs from the publication of the decision and is not suspended because you are still consulting your insurer. So report a decision immediately.
Are my care professionals' disciplinary proceedings included?
No, not on the organisation's policy. A disciplinary complaint is directed at the individually registered care professional and not at your organisation. Separate provision is needed for that assistance, either through the professional association or through an additional clause. Check this if you employ BIG-registered staff.
Will the amount recovered be reimbursed?
No. Legal expenses insurance reimburses the cost of legal assistance: the case handler's fee, court fees, experts and any costs order within the limit. The amount a care administration office or local authority recovers is a financial loss to your organisation and stays at your expense, even if the ruling is partly in your favour.
Are disputes with the works council covered?
Often not. Some insurers regard consultation bodies as part of your own organisation and exclude internal disputes. If a consultation process around a reorganisation or a merger is under way, ask before it starts whether assistance in proceedings before the Enterprise Chamber falls under your policy.
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Read more
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About our service
Finass Verzekert is a trading name of Finass Advies B.V. We advise on and arrange non-life insurance on the basis of an objective analysis of several insurers, and receive commission for this from the insurer, which is included in the premium. You pay no separate advice fee. Before you take out cover, we establish your wishes and needs.
You will find our licence, KvK and Kifid details and our complaints procedure at the foot of every page.
This page was compiled by Finass Verzekert (LinkedIn). Last updated on .
The information on this page is general in nature and is not personal advice.