Michael Rourke

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.

Governance

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.

NewsView all

  • Newsflash: Private GP Services – not under my roof!

    Recently published NHS England guidance on the new GMS contract (Click here to read guidance), outlines a new blanket ban on GPs advertising and hosting private GP services from within their surgery  premises.  The changes mark a sea change and are potentially a major threat to a number of existing practice business models.

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  • Intellectual Property and Health Tech – potential pitfalls

    Technology and innovation is at the forefront of current medical practice, with new software, apps and websites being released regularly. This article is designed to offer an overview of some of the potential mistakes you could make if you are considering the development of your own health technology from the intellectual property (IP) perspective.

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  • Terms and Conditions Apply – The Rolling Contract

    Alchemists sought to turn base metal into gold, but their searches and efforts proved fruitless.  Physicists have studied the cosmos and determined that there can be no perpetual motion due to the laws of thermodynamics. Lawyers, however, have worked out how to turn base letters into gold, through the perpetual (or at least rolling) contract.

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Sectors