CO-OPERATIONS IN THE
HEALTH SECTOR

We advise companies in the health sector, hospitals, funding agencies, medical-care centres and registered physicians regarding the contractual arrangements surrounding their professional activities as well as regarding disputes and demarcation issues.

Our focus is on contracts between the industry and members of the profession or professional organisations and co-operations between the sectors.

The main focus is the risk assessment (known as “Ampelmodell” – traffic light model) of existing and envisaged co-operations also in connection with investigations of the public prosecutor, clearing houses, the laws governing the profession or the advertising of medical and pharmaceutical products as well as compliance requirements in the form of preventive contracts.

Specifically, we handle legal and commercial issues regarding definitions and evaluations in connection with possible models, e.g. contracts regarding clinical research, fee-based physicians (Honorararzt), general practitioners also working in hospitals (Belegarzt), consulting physicians (Konsiliararzt)  and employment contracts including agreements regarding the choice of a physician by the patients. In each case we strive to mitigate collateral risks like accusations of corruption, submission of false billings, recourse claims, corporate criminal law and confiscation.

To that end, we provide comprehensive solutions which aim to evaluate the case at hand in depth and with a practical approach, with a view to designing sound legal arrangements that take into account all relevant issues and scenarios, including the simulation of relevant decision-making procedures.

In the event that existing co-operations are already under investigation, we develop defence strategies, based on our extensive criminal law expertise to efficiently defend our clients.