Hospital Desk: Benefit from our comprehensive expertise on hospital matters
GÖRG Hospital Desk offers both legal and commercial interdisciplinary advice and tailored solutions for all aspects of hospital operations.
What is GÖRG Hospital Desk?
There are turbulent times ahead for hospitals, clinics and medical care centres. Economic pressure, complex regulatory frameworks, hospital reforms and digital transformation have resulted in major challenges. In addition to primary hospital and medical law, these topics are also affected by numerous other fields of law, such as labour law, company law, real estate law, public procurement law and liability law, which are often closely linked. Issues related to data protection and healthcare compliance also frequently arise. Other specific legal matters are raised by medical care centres operated by many hospitals.
GÖRG Hospital Desk combines our legal and commercial expertise. Our specialist team can provide advice in all relevant legal fields. We can help you make your institution fit for the future and achieve the legal conditions required for secure and efficient healthcare.
Utilise opportunities and minimise risk with GÖRG Hospital Desk
In addition to hospital and medical law we can provide you with advice on all legal issues relevant to hospitals and medical care centres. Our experts have not only in-depth expertise in their respective legal fields, but also extensive experience in the relevant sectors and thorough knowledge of the requirements and processes in healthcare law.
Our team can assist you with matters concerning company law, real estate law, public procurement law and labour law as well as with digitalisation and regulatory issues. You can also benefit from our proven expertise in restructuring and reorganising insolvent companies and companies at risk of insolvency.
Is your clinic facing complex challenges? Rely on our expertise on hospital matters to avoid risk, seize opportunities and receive practical solutions that are specifically tailored to your situation.
At the Limit: How Hospitals Can Survive Legally and Economically
The current reform initiatives and the strained economic situation are forcing hospitals to make far-reaching strategic decisions. Transactions, financing, and restructuring are closely interconnected in this context. In this webinar series, we provide a legal perspective on the key developments and highlight the courses of action that are now crucial for successful hospital management.
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Hospital Desk: Benefit from our comprehensive expertise
We can provide support in all aspects of labour law in private, church-run and public hospitals. Our expertise covers both individual and collective labour law.
Labour law in hospitals is significantly different to other sectors. It involves specific collective agreements (TVöD for public hospitals, AVR for church-run hospitals), co-determination rights for works councils and staff councils, or employee representatives, as well as particular arrangements in individual labour law, such as contracts for chief physicians, fixed term contracts and working hours.
In addition to practical solutions on these topics we can also provide assistance with restructuring measures, for example as part of changes to operations or a transfer of a business.
Labour law - our main focus areas:
- Restructuring hospitals taking labour law regulations into consideration with regard to co-determination rights and collective agreements
- Labour law support in relation to purchasing, transfer and conversion agreements
- Developing and drafting employment contracts for all hospital employees, including chief physicians
- Occupational health & safety and working time regulations
- Occupational pension schemes, including at public and church-run hospitals (such as religious pension funds, KZVK)
- Particular forms of employment (such as fee-based physicians, temporary workers)
- Strategic consulting in the event of a shortage of skilled workers, in particular with regard to employing foreign workers (including residence permits)
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Compliance is the adherence to statutory requirements as well as internal directives and best practices. It increases trust among patients, employees and partners, and ensures the integrity of all processes. Effective compliance management minimises the risk of legal violations. We can help you develop individual compliance structures for your hospital, identify risks in good time and remain legally compliant.
Compliance - our main focus areas:
- Identifying, analysing and assessing compliance risks specific to hospitals
- Developing and optimising practical, efficient compliance structures which correspond to the requirements of the hospital sector
- Establishing tailored compliance management systems (CMS)
- Advice on preventing and tackling corruption, in particular with relation to taking and giving bribes in the healthcare sector (section 299a et seqq. of the German Criminal Code (StGB))
- Legal advice on and drafting cooperation agreements in accordance with compliance requirements
- Drafting contracts for fee-based physicians and attending physicians
- Facilitating the enforcement of claims and defences in the event of compliance violations
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Digitalisation is rapidly changing healthcare. EU and German regulatory initiatives are also accelerating these developments. Projects such as electronic patient files (ePA), electronic prescriptions and new treatment options such as online consultations, telemedicine and healthcare apps are now commonplace. At the same time, sensitive healthcare data requires strict data protection and data security.
Rely on the expertise of GÖRG Hospital Desk for your digitalisation projects. We focus on designing your processes to comply with data protection legislation in terms of patient data while simultaneously enabling you to fully utilise the potential of this healthcare data.
Digitalisation and data protection - our main focus areas:
- IT projects, such as sourcing and rolling out new digital products
- Involving third parties in data processing, including outsourcing
- Use of artificial intelligence (AI) in the healthcare sector, in particular in hospitals
- Comprehensive advice on complying with requirements under data protection legislation
- Support with research projects
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We offer legal support for M&A processes in the healthcare sector. Our advice covers sales and acquisitions of hospitals, medical care centres and doctors' surgeries for both share deals and asset deals. We also can provide support with specific legal requirements such as acquisition structures, approvals from statutory health insurance physicians' admission committees, laws regarding grants and hospital financing.
With our extensive experience in compliance, labour law and regulatory frameworks, we can carry out due diligence for you or draw up vendor due diligence reports for sellers. We can also provide advice on matters of tax law in partnership with our in-house tax experts.
We can support you with your corporate restructuring plans, for example mergers, spin-offs and changes of legal form, including cross-border matters. As part of our ongoing advice, we can assist with reviewing and updating articles of association, shareholder resolutions and decisions of the supervisory board. We also provide support in all issues of company law compliance, including liability issues from the perspective of the management. We will be at your side during shareholder disputes and take into consideration the unique regulatory characteristics of medical care centres and doctors' surgeries.
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Our antitrust team has extensive experience in preparing for and assisting with merger control proceedings. We support hospitals, medical care centres and investors with advice on all antitrust law issues in relation to mergers and takeovers.
Our team has successfully assisted with numerous proceedings and understands the requirements specific to healthcare. We are also very familiar with the distinctions between regional hospital and medical care centre markets and the temporary exceptions for hospital mergers under German law.
From preliminary assessment to successful final outcome, benefit from our comprehensive expertise in advising hospitals to ensure that your merger or takeover is implemented smoothly with full legal compliance.
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Our experienced real estate law team provides comprehensive advice on all issues related to healthcare real estate, from hospitals to nursing facilities and laboratories to medical care centres.
We can assist you with transactions, including the sale and acquisition of healthcare properties and can draft and negotiate tailored rental agreements which satisfy the particular requirements of the healthcare industry.
Real estate law - our main focus areas:
- Drafting rental and lease agreements for hospitals and medical care centres
- Ongoing consultation for hospitals and medical care centres on rental and lease agreements
- Assisting with real estate transactions - purchases and sales of healthcare properties and the related due diligence
- Drafting and negotiating heritable building right agreements
- Fiscal and commercial structuring of transactions
- Drafting and negotiating financing models
- Real estate and tenancy law litigation
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Regulatory frameworks and hospital financing pose great challenges for hospitals. Increasing costs, changes to the law and complex legal requirements for hospital financing require well-informed decisions that strike a balance between cost efficiency and high-quality care.
Our experienced Hospital Desk can advise hospital operators on all regulatory frameworks and hospital financing matters. Backed by our extensive expertise, we can assist you with the planning, approval and financing of hospitals, including all related medical law matters. We can also represent you in court, if required.
Comprehensive advice on funding and EU state aid law can also be provided in partnership with our specialists in public commercial law.
Benefit from our practical solutions which satisfy all regulatory requirements.
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Our specialist team supports hospitals and medical care centres in the midst of economic difficulties. Underfunding, hospital reform, the shortage of skilled medical staff and digital transformation have increased the economic pressure and many clinics are facing major challenges as a result.
We develop tailored strategies for sustainable profitability and can assist you with the following:
- Stakeholder negotiations
- Implementing restructuring measures
- Reviewing insolvency filing obligations
- Drawing up going concern forecasts (in partnership with business consultants, trustees and insolvency administrators, if required)
We can also plan and manage debtor-in-possession and insolvency protection proceedings, if required. Thanks to close collaboration with our experts from the M&A, compliance, regulatory frameworks and labour law departments we can also offer comprehensive solutions even in complex proceedings. Our extensive experience in the insolvency administration of hospitals, both debtor-in-possession and standard insolvency proceedings, enables us to provide you with practical and efficient support.
Benefit from the expertise of the GÖRG Hospital Desk and enjoy new economic prospects.
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Our comprehensive expertise in public procurement law allows us to assist hospitals with all procurement projects, from planning to successful implementation. We combine in-depth sector knowledge with a clear vision for the particular requirements of public, church and private hospital operators.
Even with projects where funding has already been secured, we ensure legally compliant procedures and take all public procurement law requirements into consideration. You can rely on us to provide practical advice thanks to our extensive experience and numerous references.
Our range of services includes, in particular:
- Legally watertight tender processes for complex IT projects
- Awarding of tenders for planning and construction services for new buildings and refurbishment projects
- Taking specific requirements into consideration, such as those of the German Future of Hospitals Act (KHZG) and the new interoperability standards of the German Digital Healthcare Act (DigiG)
On request, we can also provide public procurement law project management, including as an outsourced awarding entity. We also have extensive experience in the privatisation and de-privatisation of companies in the healthcare sector. We can represent you with expert advice and an assertive approach in review procedures.
Please contact the experts at the GÖRG Hospital Desk and we can successfully and efficiently implement your procurement projects with full legal compliance.
