If you are starting a healthcare business in the UK, or have already started one, there’s plenty to think about. Examples of the kinds of questions we are often asked by people starting a healthcare business are:
- Can I start providing services straight away?
- How do I attract and contract with clinicians?
- What regulations and laws do I need to be aware of?
- How do I work with the NHS?
- What documents do I need to have in place?
- Does it matter what legal structure I have?
Hempsons can provide the support and level of detail that’s right for you.
- Does the recent ET Uber decision necessitate a U-turn on staffing arrangements for gig economy businesses?
- Consultation on further changes to the NHS Pension Schemes
- Please click here for a new series appearing in the Independent Practitioner Today, aimed at helping new healthcare businesses avoid potential issues they may face in different areas such as employment, IP and website ownership.
Key issues that we know healthcare start-ups often need help with are:
- Regulation of healthcare businesses in the UK: Compliance with requirements of the Care Quality Commission, Medicines & Healthcare Products Regulatory Agency, Human Tissue Authority, Human Fertilisation and Embryology Authority, General Medical Council and General Dental Council, amongst others, and insurance and indemnity requirements.
- Using technology to deliver services: advice on regulatory and legal requirements for providing services online and via smartphone apps, including advice on medical devices regulation and other telehealth matters.
- Contracting with patients: advice on providing private health services including law relevant to dealing with consumers and what you will need to include in your terms and conditions.
- Contracting with clinicians: advice on relevant employment law including key things that you need to know if employing staff or contracting for services in the UK, including advice on professional registration required for doctors or other clinicians.
- Legal structures for healthcare businesses: advice on the different options and help in choosing the right one (including the pros and cons of companies, LLPs and partnerships and suitable structures for social enterprise and charities).
- Competition compliance: advice on competition issues including restrictions on clinicians’ incentives and other matters set out in the CMA’s Private Healthcare Market Investigation Order 2014.
- Data protection: advice on UK data law with advice on handling patient data, how the law may apply to your business, and the consequences of getting it wrong.
- Working with the NHS: an explanation of the public procurement regime, including whether you can be awarded a contract directly or need to bid for contracts, and the different types of contracts used for NHS services in the UK.
- Property: advice on ways of owning and occupying property for business purposes in the UK, including specific guidance for healthcare businesses.
- Jurisdictional issues: advice on providing health services in multiple jurisdictions, including ensuring contractual disputes are limited to the UK jurisdiction.
Our experienced team of lawyers, who have advised numerous start-ups, can provide support on all of these issues.
How we can help
We can provide bespoke advice to address your legal issues as you develop your start-up. Call us if you would like to discuss this.
If you are at an early stage in your thinking, you may also find one of our guides helpful:
- Start up guide - a short guide helping you understand what you need to have in place from a legal and regulatory perspective to provide healthcare services in the UK, whether for the NHS or privately.
- Detailed help reports - a series of reports designed to address the key issues outlines above in greater detail than our startup guide. These reports go beyond the startup phase, so they’re useful for existing healthcare businesses too.
CASE STUDY: Advising entrepreneurs on setting up new healthcare businesses including businesses delivering primary and community health services, medical services for foreign visitors to the UK and supplying locum doctors and nurses, including via online marketplace/gig economy models.
CASE STUDY: Advising DKMS – the German Bone Marrow Donor Center – on the establishment of their UK operations, including their application for Human Tissue Authority licences and advice on Care Quality Commission registration requirements.
CASE STUDY: Advising General Practitioners across the country on transforming primary care by setting up over 50 GP provider organisations or federations to extend primary and out of hospital care services; these organisations represent a patient population in excess of 12 million and include Iceni Healthcare with 174 Practices across Norfolk and Waveney, Somerset Primary Care (94 Practices) and BIG Practice (Birmingham Integrated General Practice) of over 100 Practices.
CASE STUDY: Advising on development of healthcare apps for patients, including advising NHS Northern England Strategic Clinical Networks on its Deciding Right app for making care decisions and NHS South East Commissioning Support Unit on its Health Help Now app to enable users to find the right service for their health needs.
As well as helping you if you’re starting a healthcare business in the UK, Hempsons is well-placed to support you as your healthcare business develops and grows. For example, we can support you with drafting or negotiating contracts, ongoing healthcare regulatory matters, employment law issues, and negotiation of leases or other property matters. Our aim is always to give clear and straightforward legal advice allowing you to concentrate on running your healthcare business.
We also have a dedicated Healthtech page – see how we can help you to leverage the new technologies, digital services and other innovations that are transforming healthcare.
Please click here for a new series appearing in the Independent Practitioner Today, aimed at helping new healthcare businesses avoid potential issues they may face in different areas such as employment, IP and website ownership.
Hempsons has provided excellent advice to Balance CIC and always understood the implications of your decisions. I wholly recommend using Hempsons and will continue to do so in the future.
Andrea Biggs, Chief Executive, Balance CIC 2015