In the highly regulated health care market, legal advice is crucial for success

The framework conditions for (dental) medical and nursing care providers are determined by the requirements of a highly regulated health care system. Doctors, medical care centres (MVZs), hospitals and care providers have to comply with federal and state regulations as well as with the statutes of self-governing bodies such as the Association of Statutory Health Insurance Physicians, the joint audit institutions or medical associations. Within this regulatory framework, we advise service providers from the initial idea of entering the market to the eventual sale of a business or part of a business. In this context, we facilitate interdisciplinary advice, taking into account not only medical law requirements, but also corporate, tax and competition law frameworks.

Even after entering the market, the service provider is confronted with numerous regulations and inspections by public authorities. In these review, recourse and disciplinary proceedings, we advise and represent service providers and their bodies.

In addition, we represent service providers in the extrajudicial and judicial enforcement of remuneration payable for the services provided.

Our focus in the area of medical and health law:

I. Doctors and MVZs, especially contract doctor law and contract dentist law

• Licensing law
• Medical care centres (MVZ), in particular MVZ foundations and contract drafting
• Practice purchase agreements
• Medical company law including arbitration proceedings
• Cooperations of medical service providers
• Medical professional law, especially licensing law and professional procedures
• Recourse, especially performance audits and plausibility checks
• Medical disciplinary law and medical criminal law

II. Hospital law

• Hospital planning and financing including arbitration board and licensing procedures
• Billing and remuneration law for hospitals, in particular DRG and PEPP
• Law on chief physician contracts
• Cooperation agreements between hospitals/hospital owners and physicians in private practice
• Advice to hospital owners in connection with the authorisation of hospital physicians as well as cooperation with affiliated and fee-based physicians
• Compliance advice

III. Nursing law and Nursing industry

• Advice to providers of in-patient care for the elderly and out-patient service providers
• Drafting of contracts, in particular care contracts and contracts under the Residential and Nursing Care Contracts Act
• Preparation and implementation of care rate negotiations according to SGB XI
• Advice on home law and representation vis-à-vis authorities and in court proceedings
• Restructuring and transfer of care facilities and care real estate
• Conceptual design of new forms of housing and care