Chapter 1 – general provisions
Article 1 Definitions
For the following regulations, the following shall mean:
- MediCorps BV: the legal entity
- Awb: the General Administrative Law Act;
- Complaint: any expression of dissatisfaction with conduct, act or omission by (an employee of) MediCorps BV;
- Employee: anyone who works for MediCorps BV, whether or not he is employed, is from MediCorps BV or has been hired.
Article 2: Right of complaint
- Everyone has the right to complain to MediCorps BV about the way in which MediCorps BV has behaved in a particular matter against him or another.
- The conduct of an employee, operating under the responsibility of MediCorps BV, is considered the conduct of MediCorps BV.
Article 3: Proper treatment
- MediCorps BV takes care of proper treatment of oral and written complaints about its conduct.
Chapter 2 – the treatment of complaints
Article 4: Filing of a complaint
- An oral complaint can be dealt with directly, orally or in writing, by the addressee depending on the situation and the wishes of the complainant. After handling, the complaint is (digitally) registered and reported to the independent complaints officer. If handling is not immediately possible or as desired, the registration is considered a written notification of a complaint. The complainant receives a copy of this.
- the written complaint shall be signed and shall contain at least:
- the name and address of the applicant;
- the date filed;
- a description of the conduct against which the complaint is directed.
- MediCorps BV may decide not to deal with a written complaint which does not satisfy the first member provided that the applicant has had the opportunity to supplement the complaint within a reasonable period of time.
Article 5: Intervention
- As soon as MediCorps BV has met its complaint to the satisfaction of the complainant, the obligation to continue applying these regulations expires.
- The complainant is informed in writing on request that MediCorps BV assumes that the complaint has been handled satisfactorily
- If the complainant is not satisfied with this handling of his complaint, it will still be dealt with in accordance with these regulations.
Article 6: Acknowledgement of receipt
- MediCorps BV confirms the receipt of the complaint in writing within 3 working days.
- The acknowledgement of a (digital) written complaint shall indicate:
- the time limit for processing;
- further procedure;
- the contact;
- the possibility of it being heard or forgone.
- MediCorps BV immediately sends a complaint for consideration, which appears of which it appears that another authority is competent without delay to that authority by simultaneous notification to the applicant
- MediCorps BV sends back a complaint which is not intended for it as soon as possible to the petitioner or to the person who forwarded the complaint.
Article 7: Impartial complaint handler
- The complaint is dealt with by an independent complaints officer of MediCorps BV who was not involved in the conduct to which the complaint relates.
Article 8: Non-mandatory treatment
- MediCorps BV will declare a complaint about a dossier of substantive judgment, for which an objection or an Expert Judgment is applicable, inadmissible.
- MediCorps BV is not obliged to handle the complaint if:
- it relates to conduct on which a complaint has previously been made and which has been lodged in accordance with this Regulation
- it has not been handled in accordance with Article 6, first and second paragraph;
- it is filed more than one year after the incident;
- it is subject to the judgment of a court other than an administrative court or subject to proceedings or, by bringing proceedings,
- as long as an investigation is underway on the orders of the prosecutor or a prosecution, or if the conduct is part of the investigation or prosecution of an offence and in the relevant matter an investigation is underway on the orders of the prosecutor or a prosecution.
- MediCorps BV is not obliged to deal with the complaint if the interest of the complainant or the weight of the conduct is manifestly insufficient.
- The complainant shall be informed in writing of the failure to process the complaint as soon as possible but not later than four weeks after receipt of the complaint.
Article 9: Obligation of transmission
- The person whose conduct relates to the complaint shall be sent a copy of the complaint and of the documents sent therein.
Article 10: Hearing obligation
- MediCorps BV shall allow the complainant and the person on whose conduct the complaint relates to a hearing.
- Hearing of the complainant may be waived if the complaint is manifestly unfounded or if the complainant has stated that he does not wish to utilise the right to be heard.
- A hearing report is to be made.
- The complainant shall be sent a copy of the report at their request.
Article 11: Processing period
- MediCorps BV will handle the complaint within six weeks of receipt.
- MediCorps BV can adjourn the handling for up to four weeks. The adjournment shall be notified in writing to the complainant and to the person whose conduct relates to the complaint.
Article 12: Handling
- MediCorps BV shall inform the complainant in writing of the findings of the investigation into the complaint and of any conclusions it attaches to it.
- The notification shall mention the possibility of subsequently submitting a complaint to the National Ombudsman.
- No objection or appeal can be brought against a decision on the handling of a complaint concerning the conduct of MediCorps BV.
Article 13: Dispute bodies
- If the complainant is dissatisfied with the internal handling of the complaint by MediCorps BV about one of its doctors or delegates, a complaint may be made to the DOKh Dispute Management Authority.
- DOKh stands for the Foundation for Expertise Promotion and Support Quality Policy General Practice Northwest Netherlands. The dispute resolution authority has been recognised by the Ministry of Health, Welfare and Sport. The procedure of the Dispute Authority is in accordance with the Quality, Complaints and Litigation Act.
- MediCorps BV is a member of the DOKh Dispute Authority. The Rules of the Dispute Authority can be downloaded on www.dokh.nl.
Chapter 3 – other provisions
Article 14: Accountability Information
- The independent complaints officer of MediCorps BV takes care of the registration of the complaints submitted to him. Registered complaints are published annually
Article 15: Transitional provisions
- A complaint lodged after the date of entry into force of this Regulation shall be dealt with in accordance with this Regulation, even if the conduct to which it relates has taken place.
- A complaint lodged before the date of entry into force of this Regulation shall be dealt with as far as possible, in accordance with this Regulation.
Article 16: Quoting title, publication, entry into force
- These regulations are cited as: MediCorps Complaints Regulations.
- This Regulation has entered into force from 16 May 2020.
Daily drafting board MediCorps
Date: 16 May 2020
LJG Akkermans, Director