Digital healthcare

New technologies, digital services and other innovations are transforming health and social care and offering the potential to deliver significant benefits to both patients and taxpayers

If you’re thinking of starting a healthcare business, see our dedicated page for Healthcare startups which covers in more detail some of the key issues you’ll need to consider from a legal, commercial and regulatory perspective.

Technology and innovation will play a key role in the ability of the health and social care sector to deliver more efficient, flexible and higher quality services.

The NHS should “make better use of digital services and technology to transform patients’ and their carers’ access to and use of health and care, including online access to their personal health records.” (The Government’s mandate to NHS England for 2017-18)

Alongside great opportunities, the rise of digital and healthtech comes with its own unique set of challenges for the public health and care organisations and technology companies and innovators participating in the sector. We’ve identified some of the key questions you may be asking:

  • 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.
  • Intellectual property: How do I make sure that I have the IP protection that I need so that I have an edge over my competitors? Does my IP exploitation strategy make legal as well as commercial sense?
  • Regulation and compliance: What are the regulatory requirements for new healthcare technologies? Who do we need approvals from and how do we go about it?
  • Procurement: How do public health and social care organisations procure innovative solutions and adopt technological solutions faster? As a technology company/innovator, who is the buyer and how do we engage with them?
  • Collaboration: What are the pros and cons of forming collaborations? How do we share and allocate risks and responsibilities with our partners?

Our work

  • Acting for a UK based pharmaceutical company in relation to the acquisition of a drug research, development and licensing business with a large portfolio of on-going research projects, IP and product dossiers.
  • Advising Manchester Academic Health and Science Network on the “Datawell” project to identify a partner to work with the network to develop, implement and exploit a new IT solution to share data across network members. This project uses the new innovation partnership procurement procedure under the Public Contracts Regulations 2015
  • 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.
  • Advising NHS Foundation Trusts in the North West and Yorkshire on contracts for Clinical Information Services, Picture Archive and Communications Systems and Electronic Patients Records systems.
  • Advising the EU CEN working group on the development of an electronic coding and traceability framework for human tissue and cells across the EU.
  • Advising an independent hospital on IT physical infrastructure design and consultation services, IT security consultancy services, and IT data centre services.
  • Advising an NHS Commissioning Support Unit on an IT contract for the provision of Business Intelligence Servers and the hosting of a new Oracle platform called off from the G-Cloud framework.
  • Advising SH:24, a start-up social enterprise working in Lambeth and Southwark on provision of online sexual and reproductive health services integrated into existing local NHS services.
  • Advising all the major acute NHS Trusts across the Yorkshire and Humber area to procure the provision and maintenance of telemedicine solutions to enable remote diagnosis of Stroke patients.
  • Advising in relation to the first licence application to use gene editing technologies in human embryos.
  • Advising companies on the intellectual property protection of medical devices, and the licensing and exploitation of that intellectual property.
  • Drafting written representations and representing IVF clinics before the Human Fertilisation and Embryology Authority Licence Committee and Appeal Committee.

How can we help you?

Our team can support you to answer your questions, combining strong commercial and regulatory advice for public, third sector and private healthcare organisations.

Our services include advice on:

  • Intellectual property
  • Regulatory compliance
  • Data protection and information governance
  • Public procurement of technology solutions for healthcare
  • Contracting and regulatory advice for medical devices, IVDs and online platforms for healthcare services
  • IT joint ventures, partnerships and collaborations
  • Contracting, IP and regulatory advice for start-ups
  • Corporate investments and funding
  • Mergers and acquisitions
  • Real estate
  • Employment
  • Disputes resolution

Hempsons are regularly invited to speak at sector events on a range of topics, including:

  • London Tech Week – ‘Things you need to know about information governance to sell healthtech products into the NHS’
  • Northern Powerhouse Funding Workshop – ‘The funding Journey’
  • London Medtech SME Brexit Round Table – ‘Brexit and the implications for London MedTech SME Life Sciences companies’
  • SEHTA Digital Health Regulations seminar – ‘Information governance issues when working with health data’.