- 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.
Michael Rourke, Partner at Hempsons, will be providing a run through of common contracting issues arising from the use of NHS template contracts between NHS bodies and with commercial supply chain. The update will include a run through of some recent interesting cases providing guidance on drafting issues, as well as insights from our own client experiences with suppliers and partners.View Event
The government’s health and care white paper “Integration and Innovation: working together to improve health and social care for all” was launched last week. It paves the way for a Health and Care Bill intended to increase collaboration and co-operation across the health and social care services.
Two recommendations could lead to far more information being published about individual practitioners’ areas of clinical accreditation and financial interests
On 1st October 2020, NHSX launched an Information Governance (IG) portal to bring together national guidance on how to manage and share information appropriately.
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.