Healthy prospects – with us

Strict requirements – increasing need

The healthcare sector in Germany is highly regulated, defined by numerous different interests and has been undergoing a continual process of charge for years now. On top of this, the demographic change is increasing the need for medical services. For players in the healthcare market, this poses a constant challenge.

Combined expertise for effective solutions

In order to find a quick and effective solution for you and your challenges, we combine specialised legal knowledge with extensive knowledge of the sector. In our healthcare sector group, our lawyers address current issues from a variety of legal areas and exchange legal{MQ}knowledge in the process.

We offer you our comprehensive expertise in all areas of the healthcare sector. Our specialised lawyers advise companies in the fields of:

• Healthcare business
• Associations
• Health insurance providers
• State-owned and private hospitals
• Nursing care facilities
• Doctor's offices and laboratories
• Pharmacies
• Manufacturers of medical devices
• Medical technology companies
• Investors
• Banks and public-sector clients

We also offer legal and strategical advice for a variety of practice-related matters.

Here you will find our current brochure healthcare.

Our advisory specialisations:

Labour law

• Arrangement and implementation of restructuring measures under labour law
• Advice regarding transfers of business according to Sec. 613 a of the German Civil Code (BGB)
• Arrangement and negotiation of service contracts (including social compensation plans)
• Temporary staffing
• Non-compete clauses in employment contracts
• Labour law advice regarding special considerations in the healthcare sector concerning church institutions: special employment regulations for church institutions, employee representation law, employment contract regulations (AVR) etc.
• Laws concerning supplementary pension funds
• Status determination processes (e.g. regarding the status of locum doctors)

Health law

• Medical devices law
• Medicinal products law
• Pharmacy law
• Social insurance law, particularly the German Social Code V (SGB V), XI (health and nursing care insurance)
• Private health insurance law
• Medical supply centre / hospital law
• Care home law
• Compliance, particularly Sec. 299 a/b of the German Criminal Code (StGB), industry codes (e.g. FSA, BVMed) etc.
• Professional regulations for healthcare professionals
• Protection of health data
• Laws regarding the advertisement of therapeutic measures
• Food and cosmetics law

Corporate law / M&A

• Founding and arrangement of medical supply centres under corporate law, participation models for medical supply centres
• M&A, company acquisition and company participations
• Merger control
• Ongoing corporate law advice
• Advice and litigation in case of shareholder disputes
• Arrangement of non-profit companies (e.g. registry companies)

Restructuring

• Restructuring and reorganisation of hospitals and medical supply centres owned privately, publicly, by charitable organisations or by church institutions
• Conducting debtor-in-possession insolvency proceedings (involvement as CRO / fully authorised representative)
• Restructuring advice prior to insolvency
• Preparing and implementing insolvency plans

Distribution law and antitrust law

• National and international commercial and distribution law
• European and German antitrust law
• Contracts with commercial agents / distributors
• Terms and conditions for purchase and sale
• Distribution systems
• Licensing agreements
• Consignment warehouse agreements
• Contracts with purchasing groups
• Commission and indemnity claims
• Non-compete provisions
• Litigation and (international) arbitration
• International compliance (FCPA)

Procurement law

• Support of tendering procedures pursuant to SGB V
• Implementation / management of complex technology and infrastructure projects in the healthcare sector
• Optimisation of procurement structures in the hospital sector
• Legal representation in procurement review proceedings
• Strategic advice of clients and tendering procedures
• Safeguarding / supporting projects involving structuring, restructuring and investment in the healthcare sector regarding state aid law

Real estate law

• Arrangement of lease agreements for doctor's offices, medical supply centres, retirement homes and nursing homes as well as hospitals
• Ongoing advice for operators of retirement and care homes as well as hospitals in matters of lease law and tenancy law
• Real estate transactions, particularly performing due diligence reviews, preparation and negotiation of contracts and assisting in real estate transactions
• Litigation