| Idea | Pilot | Policy Paper | Legislation | Implementation | Evaluation | Change | ||
|---|---|---|---|---|---|---|---|---|
| Implemented in this survey? |
After years of debate a new health insurance law was approved last year and put into effect by January 2006. It integrates the former sickness fund scheme and private health insurance into a single mandatory scheme for all residents. Key words are consumer choice, regulated market competition within ‘public constraints’, contracting, solidarity. The reform is expected to significantly alter Dutch health care re efficiency, consumer-orientation, innovation in health care and quality of care.
The main objectives of the reform are:
The main incentives used are:
Affected players are:

The main objectives of the reform are:
provider agents, health insurers, consumers/patients
| Degree of Innovation | traditional |
|
innovative |
| Degree of Controversy | consensual |
|
highly controversial |
| Structural or Systemic Impact | marginal |
|
fundamental |
| Public Visibility | very low |
|
very high |
| Transferability | strongly system-dependent |
|
system-neutral |
Innovative; consensual (but may easily become controversial in future); high systemic impact; high public visibility; system dependent
The new health insurance legislation reflects a libertarian trend pervading many public policies of the present government - a coalition of the Christian Democrats (CDA), the Liberal Party (VVD)
and the Democrats (D'66). Yet, it is important to note that the new legislation draws in many respects upon policy ideas already put forward by the previous government - a coalition of the Labour
Party (PvdA), VVD and D'66 (the so-called purple Cabinet).
During the legislative process the EU has played a prominent role. The key-question was: is the new health insurance legislation EURO-proof? That questions stems from the fact that the new health
insurance scheme was designed as a scheme under private law with a prominent role for market competition. This implies that the Third Non-Life Insurance Directives applies which puts strict limits to
government regulation. Such regulation is only justified if it can be shown to be necessary and proportionate to achieve the 'Common Good' (e.g. an essential public regulation is that health insurers
must accept each applicant and that their premiums may not vary with health status; is such a regulation justified under European law?).
Another key issue concerned the system of risk pooling. The question here was whether risk pooling could be viewed as a kind of state support to private actors which, in principle, is forbidden under
European law. It is still uncertain whether the new legislation is in accordance with European law.
| Idea | Pilot | Policy Paper | Legislation | Implementation | Evaluation | Change | ||
|---|---|---|---|---|---|---|---|---|
| Implemented in this survey? |
The present health insurance reform goes back to the late 1980s when the Commission Decker published its ideas in its report Willingness to Change. The Commission was the first to advocate the
idea of regulated competition in health care and health insurance. Market competition was expected to boost efficiency, innovation, consumer-orientation and cost control. Market competition would
also increase flexibility and help to roll back the dominant position of the national government (the state) in health care.
The introduction of market competition fits in the emergence of a new policy paradigm stressing the need for liberalisation, privatisation and deregulation in public policymaking.
The ideas of the Commission Dekker were translated by the government in proposals for new health insurance legislation in the late 1980s/early 1990s. Due to increasing political resistance, the
legislative process was aborted in 1991/1992.
In the 1990s the government explicitly avoided a new debate on health care reform and followed a pragmatic approach of small steps that all nicely fitted in the ideas promulgated in the Dekker
report. Some examples are: introduction of nominal premiums (set by the sickness funds) on top of income-related contribution (set by the government); introduction of risk-adjusted capitation
payments to insurers from the Central Fund to increase the fund's financial responsibility; removing some health services from the benefits catalogue of the Sickness Fund Scheme; introduction of the
possibility of selective contracting of ambulatory physicians, physiotherapists by the funds.
The debate on health insurance reform was restarted in 2000 by a new government report.

Generally speaking, one may say that there was broad support for the new health insurance scheme. The government in office wanted to push the reform forward rapidly. A further general observation is that the support of the insurers has always been stronger than the support of the providers and that among the providers the providers of long-term care have always been less supportive than hospitals. The employers were also generally positive, though they feared an increase of labour costs. The worker associations were more critical because of their fear for the reform's impact upon income. As far as the category of consumers is concerned, the overall picture seems mixed but the national consumer organisation have also argued pro the reform because, in its viewed, it strengthened the position of the consumer.
Health insurance reform has led to new health insurance legislation. Without further research it is not possible to disentangle the specific influence of the major players in health care. However, gaining a political majority in the parliament was only possible by accepting some political compromises. Furthermore, one may assume that bilateral contacts between the MoH and the stakeholders, in particular the health insurers, have strongly influenced the design of the new legislation.
Legislative process: outcome
Health insurance reform has led to new legislation that has come into force by January 1, 2006. The most important new pieces of legislation are:
Note that the new legislation has also led to the abolishment of previous health insurance legislation. The most important abolished schemes in health insurance are: Sickness Fund Act (Ziekenfondswet), the Law on Health Insurance Access (Wet Toegang tot de Ziektekostenverzekering). The former Hospital Planning Law has been replaced with a new law.
major changes
The new health insurance legislation has come into effect by January 1, 2006. A critical aspect of the implementation will be the room for market contracting between insurers and providers. This room not only depends upon legislation but also upon market structure such as absence of regional monopolists. As far as legislation is concerned, an important observation that the room for market contracting is now about 10% of total hospital expenditures. In some areas there is also room for competitive bidding. There is a trend to competitive bidding, for instance in home care .
The effects of the new legislation are closely monitored, not only by the government and a number of administrative institutions (formal monitoring), but also by consumer and other societal organisations (informal monitoring). Note that the Health Market Structure Law has set out a completely revised scheme for market supervision in health care. Key players in this respect are: Dutch Market Competition Authority (Nederlandse Mededingingsautoriteit) and the newly created Care Authority (Zorgautoriteit). Other players are the Medical Inspectorate and the Dutch Bank (Nederlandse Bank).
Given the short time period, there are no systematic evaluations. A few preliminary observations are possible yet:
It is too early to make clear statements on whether market competition will work in health care. The coming 2-3 years will be critical. However, one additional comment can be made. One may say that there is now significant market competition in health insurance. Whether that competition will work also depends on the liberalisation at the supply side (more room for market contracting). This is a critical issue, however. The Minister of Health opts for a cautious (=stepwise) approach. Another critical element in this respect is market structure (presence of monopolists, cartels, barriers to new entrants, information asymmetry, et cetera). Supervisory authorities are expected to pay a key role in combating these obstacles. But how effective will they be?
Too early to assess
Health insurance legislation
Government reports
Other reports
Journal articles
Own research
Hans Maarse