- Corporate, Commercial
- 020 7484 7648
What Michael can do for you
Michael has a wide range of experience in advising clients operating across the health and social care sectors on matters such as governance, regulation and commercial law.
Contract & Procurement
Michael advises on all aspects of NHS contracting arrangements, especially on the use, and misuse, of the NHS Standard Clinical Contract and the “standard” contracts for the provision of goods and services.
Michael has worked closely with his procurement colleagues on the award of Lead Provider and Sub-Contractor arrangements in integrated care arrangements.
Service Changes/Reconfigurations and Alliances
Allied to his work on contractual arrangements, Michael advises Clinical Commissioning Groups (CCGs) and Trusts on service reconfigurations, decommissioning and changes to services. In particular, Michael advises clients on all aspects of statutory and common law duties of consultation, including on consultation processes and challenges to decisions brought by way of Judicial Review.
Michael has advised on numerous Business Transfer Agreements and associated Service Level Agreements between NHS Bodies as a result of services moving between providers.
Michael has regularly presented on topics from contracting issues to the integration of health and social care. He is advising on proposed alliances and partnerships across different health economies.
Michael advises NHS Foundation Trusts and CCGs on a range of difficult governance and constitutional issues such as:
- CCG election requirements;
- amendments to Trust and CCG Constitutions and compatibility with statutory requirements; and
- the relations and powers of the constituent parts of the statutory bodies, such as advising on the difference in role and responsibility of Governors and Board members at a Foundation Trust.
Digital Health & Health Start Ups
Michael advises healthcare start-ups on general commercial matters ranging from their contracts with patients, regulatory concerns over CQC registration and issues such as contracting with NHS Bodies.
In an increasingly digital world healthcare is increasing provided through online platforms and services. The range of clients in the digital health market spans private companies and NHS GPs to those seeking to derive healthcare solutions from patient data. Michael is part of the Hempsons team that advises on information governance and GDPR issues arising from the use of or sharing of health data, and so is able to provide a wide range of commercial and related data law advice to this sector.
Hempsons and NHS Providers launch guide covering the legal liabilities that are likely to arise due to the pandemic.
Many commercial contracts have provisions on confidentiality. Many contracts include them as a matter of course, as they have become standard “boilerplates”
In the wake of Spire’s £1.2m fine by the Competition and Markets Authority, Michael Rourke draws attention to the competition law implications for independent practitioners.
The ICO has launched an online self assessment tool kit to help public authorities get back on track in handling FOI requests.
Hempsons’ Digital Newsbrief, providing an update on a range of commercial and legal issues as well as a focus on current clients of Hempsons.
The UK Cabinet Office has published a number of Procurement Policy Notes (“PPNs”) in response to the current Covid crisis. Click to read our summary.
Overcoming challenges as a start-up company from an initial idea to launch, how Safar have adapted to an ever-changing world and market place.
The Government has passed emergency legislation to relax UK competition law to help the economy and the NHS to meet the challenges of the Covid-19 outbreak. This note looks at the provisions which have been passed in relation to England only.
In this brief note we provide a short summary of the new Regulations which bring into legal force, the restrictions announced by the Prime Minister on Monday 23 March 2020.
For businesses both big and small it is all too commonplace for contracts to be agreed without either reading or understanding them.