Background to the parliamentary letter
By letter dated 11 December 2025, the Minister of Health, Welfare and Sport (VWS) informed the House of Representatives (Tweede Kamer) of his reconsideration of the prohibition on profit distribution in healthcare, including options for restricting private equity in the healthcare sector.
Criticism of the legislative proposal Sound Business Conduct for Care and Youth Aid Providers (Wet integere bedrijfsvoering zorg- en jeugdhulpaanbieders, Wibz) and a recent ruling by the Council of State (Afdeling bestuursrechtspraak van de Raad van State) have prompted the Minister to reconsider the scope of the profit distribution ban and to investigate possible tightening of the Wibz.
Earlier this year, in response to motions regarding private equity in healthcare, the Minister promised a letter to Parliament on steps that could be taken to exclude private equity from healthcare.
By letter dated 11 December 2025, the Minister informed the House of Representatives of its reconsideration of the profit distribution ban, including measures to limit the (alleged) “negative consequences of private equity in healthcare.”
Reconsideration of the ban on profit distribution
According to the Minister, criticism of the Wibz focuses mainly on the provisions regarding profit distribution and the targeting of certain investors, especially private equity parties. There are also concerns about feasibility, the degree of interference with providers’ freedom, and administrative burdens.
The Minister currently sees three options for tightening the profit distribution ban:
The Minister notes that the effects and (legal) feasibility of these three options need to be further elaborated.
Excluding private equity legally unsustainable
Through motions, the House of Representatives has requested the government to exclude private equity from healthcare and to develop an action plan. The Minister’s letter outlines two options: (i) further restricting risky behaviours, regardless of the actor, and (ii) prohibiting providers from entering into agreements with private equity parties (subject to supervision by the Dutch Healthcare Authority (Nederlandse Zorgautoriteit, NZa)).
Although both options will be considered in the Minister’s upcoming review, the Minister notes that option 1 is legally more sustainable and thus more effective in the long term than option 2. There is a lack of sound justification for excluding a specific type of investor.
Timing Wibz
In the coming period, the Minister will investigate possible tightening of the legislative proposal Wibz. The Minister aims to elaborate the various options for further tightening as much as possible, including pros, cons, and expected risks.
It is expected that the Minister will inform the House of Representatives about the investigation in the first half of 2026, but final decision-making will be left to the next cabinet.
Perspective Loyens & Loeff
Final observation
For completeness, it should be noted that the letter of 11 December 2025 does not contain a response from the Minister to the recent urgent letter from the NVZ and the subsequent responses from ZKN and ZN.
We are closely monitoring developments and will be happy to keep you informed. If you have any questions, please do not hesitate to contact your regular contact person within our Life Sciences & Healthcare Team and/or the undersigned.
