New payment rules in public procurement: what the healthcare sector needs to know

From 1 January 2025, a reform of the rules governing payment in public contracts, governed by the Royal Decree of 12 August 2024, will come into force. These new provisions, which will have an impact on many sectors including healthcare, introduce a single processing time for verification and payment operations. The aim of this simplification is to reduce payment times and ensure better management of public contracts.

Abolition of the double time limit: a major change

Until now, Belgian public procurement contracts distinguished two stages in the processing of payments: an initial verification phase followed by a deadline for payment. From now on, these two operations will be grouped together under a single processing period, set at 30 days for the majority of public contracts​.

A specific deadline for the health sector

Hospitals and other contracting authorities in the healthcare sector have been granted special rules. For public contracts linked to their specific activities, such as the purchase of medical equipment or medicines, an extended processing period of 60 days will apply. This exception takes into account the complexity and importance of healthcare projects​.

In addition, it is possible to add an additional 30-day verification period to validate orders, provided that this extension is justified and specified in the contract documents. However, this extension must not be used to delay payment without good reason.

What's new for other public contracts

For contracts not directly linked to the specific activities of the health sector (e.g. the purchase of IT equipment or administrative supplies), the processing time remains 30 days, as for other public sectors. This ensures greater efficiency in the management of payments and avoids undue delays.

New features and obligations for 2025

The new rules will apply to all contracts launched from 1 January 2025. Adjudicators will need to ensure that they adjust their practices in line with these new provisions. For example, the introduction of a separate verification period in the contract documents will require adequate justification.

Lastly, these changes are part of a European drive to combat late payment, in accordance with Directive 2011/7/EU on commercial transactions.

Conclusion: get ready for 2025

This reform brings significant changes, particularly for hospitals and healthcare establishments, which will have to adapt to these new processing times. These adjustments are designed to increase the transparency and efficiency of payments in public contracts, while ensuring that service providers are paid on time for services rendered.