Healthcare

Healthcare

The healthcare sector is transforming.

Driven by changes in demographics and the growing levels of lifestyle-related diseases, the industry is under huge pressure to adapt. However, the continuing liberalisation and integration of the market also provides a great number of exciting opportunities for the sector.

Both private healthcare institutions and NHS representatives are facing the same issues as other private sector businesses. Cutting costs, streamlining business processes and increasing operational efficiency are all of high priority.

How we can help

We offer pragmatic sector-focused support to help you navigate this changing market. Our healthcare team includes expertise from across the firm’s legal services from M&A, procurement, regulatory and competition to commercial disputes, intellectual property and employment law.

Our clients range from major private hospitals, health insurance providers and product suppliers to NHS trusts, charities and regulators. Working for both the public and private sector as well as not for profit organisations provides us with a balanced outlook and well-rounded view.

Recent examples of work for healthcare clients:

Corporate transactions

  • Advising on the proposed acquisition of a development site for a new hospital with additional work dealing with the bank funding, advice on procurement matters, the terms of a contract with the local NHS trust for referral of elective procedures, and all construction appointments and warranties;
  • advising on the sale of various care homes and the closure of another;
  • advising a client on the establishment of a clinic in Harley Street; and
  • advising a business providing a convenient online portal to private healthcare, with a developing network of affiliated GP practices and other healthcare professionals.

Procurement

  • ongoing advice to a Joint Venture LLP formed between two leading NHS Hospital Trusts and a private sector provider;
  • advising on the terms for combining and extending two existing supply contracts with separate NHS Trusts which subsequently merged;
  • negotiating contracts for healthcare IM&T systems;
  • advising on the terms of medical equipment supply contracts; and
  • negotiating contracts with PMI providers for the supply of services funded by them.

Healthcare charities

  • Advising on the re-organisation of various NHS charities as charitable companies limited by guarantee outside the constraints of the NHS regulatory framework;
  • advising on the eligibility for charity rate relief of health and fitness centres; and
  • procuring Charity Commission approval to the remuneration of the directors/trustees of a healthcare charity.

Public law and regulatory compliance

  • Advising a healthcare regulator on all matters regarding its internal organisation, policies and procedures, and acting for it on statutory appeals, judicial reviews, applications to extend and terminate interim orders, and prosecutions under its regulatory regime;
  • advising another healthcare regulator on the drafting of Fitness to Practice Rules;
  • advising various private hospitals on their compliance with the Competition & Markets Authority Order which prohibits incentives to referring clinicians;
  • advising on compliance with the statutory Duty of Candour with regard to notifiable safety incidents; and
  • advising on policies concerning consultants’ practising privileges.

Bircham Dyson Bell is praised for its ‘excellent response times and commercial awareness’ as well as its ‘strong technical advice’ provided ‘in a clear and understandable style’
Legal 500 2016

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