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Healthcare commercial legal advice

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Whether advising on contracts or moving forward with large strategic integration projects, our health commercial team will always be focused on achieving the right outcome as quickly as possible.  We can help you manage risk and obtain better value for money enabling you to improve services and outcomes.

How our commercial lawyers can help you

Healthcare projects and contracts can be complex and involve large sums of money. You may also be working with new commercial models, organisations or integrated service arrangements for the first time or be developing your own contractual models to solve local or national concerns.

Our health commercial experts will give you advice on best practice, mitigating risk and maximising commercial opportunities in connection with areas including:

  • NHS contracting
  • commissioning and providing services 
  • outsourcing, franchising and joint ventures
  • public procurements 
  • mergers and acquisitions
  • independent sector contracts
  • contracting with local government organisations
  • protecting and exploiting intellectual property (IP)
  • ICT projects
  • funding new projects
  • property portfolio management
  • income generation scheme
  • competition rules
  • Our clients

    We work closely with:

    • NHS organisations –  commissioners and providers
    • independent health providers
    • social enterprises
    • national regulatory bodies
    • property companies
  • Our experience

    • Advising a foundation trust client taking over assets and services from another NHS organisation including estates and workforce
    • Advising NHS and foundation trust clients anticipating and completing mergers or other provider collaborations
    • Advising on partnerships between the public and private sector including strategic partnerships aimed at developing outcomes, value based models for the provision of healthcare products
    • Advising on a wide variety of PPP, commercial and information technology / intellectual property related agreements including contracts for digital clinical services between private sector providers and NHS foundation trusts
    • Advising a consortium of NHS trusts in connection with the procurement of a range of complex outsourced IT solutions
    • Advising on models for provider collaboration in service delivery and drafting contractual arrangements between provider organisations in joint venture or alliance type arrangements
    • Advising foundation trust clients to establish, and refine existing, wholly owned subsidiaries
    • Advising commissioner and provider clients on NHS Standard Contract negotiations; service recommissioning and other services changes
  • Case studies

    Case study 1

    We advised an NHS Trust on a deal making it the first provider to sign up with digital health company Babylon Health for provision of its innovative ‘covid-19 Care Assistant’ app. The app provides patients with digital triage, a live chat service, a symptom tracker and video consultation, and was agreed in record time. 

    Case study 2

    We advised a leading independent sector digital healthcare provider on a ground breaking contractual joint venture to allow patients of a GP super practice to benefit from cutting-edge digital healthcare services on the NHS, free at the point of need. This included advising on complex data sharing provisions to ensure the service would be delivered in compliance with data protection law with patient privacy as a paramount focus.

    Case study 3

    We advised a national NHS body in relation to its procurement of home oxygen services across eight regions of England, including drafting complex contractual documentation and advising on transition arrangements. Structuring the procurement and the ultimate contractual model formed a large part of our advisory work. We also advised on informal procurement challenges during the standstill period and procedural points around the procurement process.

    Case study 4

    We are instructed as legal advisors to a project to create an integrated, clinically led cardiovascular disease system across an Integrated Care System bringing together public health, commissioners, local government, primary, secondary, and tertiary care. The system uses a value-based approach to support integration, prevention, co-production of care pathways, shared decision making, quality improvement, resource allocation and commissioning via capitation. Our role includes developing the documentation and contracting approach. 

    Case study 5

    We advised an independent healthcare provider on its innovative partnership with an NHS Foundation Trust for a new diagnostic centre. The arrangement supported increasing demand for diagnostic services from the Foundation Trust over a ten year period. We developed contractual documentation for the project around the use of a national framework, but with strategic collaboration and outcomes including the development and build of the diagnostic centre.

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