Our team of experts provides you with comprehensive advice on all labour law issues in private, church and public hospitals, both in individual and collective labour law. Labour law regulations relating to hospitals differ in many ways from those in other sectors of the economy. This applies, for example, to the collective bargaining landscape (TVöD in the case of state-run hospitals, AVR in the case of denominational hospitals) and co-determination in the workplace (works and staff councils on the one hand, employee representatives on the other), but individual labour law also often goes its own way, as can be seen, for example, in contracts with chief physicians, special fixed-term contracts or working time issues. We also advise you on all issues relating to the labour law restructuring of hospitals, including issues relating to operational changes and transfers of undertakings.
 

We can advise you on the following topics, among others:

• Labour law restructuring of hospitals, taking into account co-determination and collective bargaining regulations
• Labour law support for purchase, transfer and transformation agreements
• Development and drafting of employment contracts for all hospital employees, including chief physicians
• Advice in connection with occupational health and safety and working hours
• Advice on company pension scheme issues, including with state and church organisations (e.g. KZVK)
• Support with special forms of employment (e.g. fee-based doctors, temporary employment)
• Support with the employment of foreign employees (e.g. with the granting of residence permits) in times of a shortage of skilled labour
   

Contact: Dr. Christoph J. Müller

Compliance refers not only to adherence to all legal requirements, but also to the implementation of internal guidelines and best practices that strengthen the trust of patients, employees and partners. The aim is to ensure the integrity and legality of all processes while minimising the risk of legal violations.
 

We advise you on the following topics, among others:

• Support in identifying, analysing and assessing hospital-specific compliance risks
• Development and optimisation of practical and efficient compliance structures that meet the requirements of the hospital sector
• Establishment of customised compliance management systems (CMS)
• Advice on combating and preventing corruption, particularly in relation to bribery and corruption in the healthcare sector (Section 299a et seq. of the German Criminal Code)
• Legal advice and drafting of cooperation contracts and agreements in line with compliance requirements
• Drafting of fee-based doctor contracts and affiliated doctor models
• Enforcement of claims and defence in the event of compliance violations
   

Contact: Dr. Katja Kuck, Dr. Christoph J. Müller

Digitalisation is rapidly gaining momentum in all areas of the healthcare sector. European and German legislative initiatives are driving this development forward. The European patient file, e-prescription or new treatment options such as health apps or online consultations are already part of everyday life and make treatment easier for those involved. Due to the special need to protect the data concerned, the requirements for data protection and data security are particularly high when it comes to digitalisation.
 

We provide you with comprehensive support for digitalisation projects and in ensuring that patient and health data is handled in compliance with data protection regulations, while at the same time making the most of the great potential of processing health data.
 

We advise you on the following topics, among others
 

• Realisation of IT projects, e.g. procurement and implementation of new digital products
• Involvement of third parties in data processing, outsourcing
• Use of AI in the healthcare sector, especially hospitals
• Comprehensive advice on compliance with data protection regulations
• Support for research projects
   

Contact:  Dr. Andrea Kirsch

We have extensive experience in the legal support and management of M&A processes, in particular the sale or acquisition of hospitals, medical care centres and medical practices, whether in the form of a share or asset deal. In close cooperation with our colleagues from the regulatory department, we take into account the special legal features, in particular with regard to the permissible acquisition structures, necessary approvals from the licensing committees of the statutory health insurance physicians (especially in the case of MVZs), the special features of subsidy law and hospital financing as well as the requirements of the licences and legal framework conditions to be complied with. Together with experts from the respective legal areas (e.g. compliance, labour law and regulatory affairs), we carry out legal due diligences with regard to companies to be acquired or prepare vendor due diligence reports for sellers. On request, we can also offer tax advisory services through our tax advisors.

We also advise on corporate reorganisation measures, e.g. measures under the German Reorganisation Act (mergers, changes of legal form, spin-offs, etc.) - including in cross-border situations.

As part of our ongoing advice, we prepare and review shareholder, supervisory board or advisory board resolutions, review and amend articles of association and answer other corporate law compliance questions, including in connection with liability issues from a management perspective.
 

In addition, we advise on disputes between shareholders and can examine and take into account the special regulatory features of MVZs or medical practices, for example.

Contact: John-Patrick Bischoff, Dr. Karla Gubalke

Our antitrust law team has many years of experience in the preliminary examination, preparation and successful support of merger control proceedings as well as advising hospitals and medical care centres on antitrust law. Our team of experienced antitrust lawyers has already advised on and successfully concluded a large number of merger control proceedings relating to the acquisition or merger of hospitals or medical care centres.

We are very familiar with the delineation of regional markets for hospitals and medical care centres as well as with the exceptions for hospital mergers that are temporarily permitted under German law.

Contact: Dr. Maxim Kleine

Our experienced team in real estate law regularly advises on the asset class of healthcare properties, in particular hospitals and medical centres. Our range of advice includes, in particular, transactions involving the purchase and sale of healthcare properties as well as the drafting and negotiation of lease agreements for healthcare properties.

We advise you on the following topics, among others:

• Drafting rental and lease agreements for hospitals and medical care centres
• Ongoing advice on tenancy and lease law for MVZs and hospitals
• Property transactions such as the acquisition and sale of healthcare properties, due diligence
• Drafting and negotiation of leasehold contracts
• Tax and corporate law structuring
• Drafting and negotiation of financing models
• Litigation
   

Contact: Dr. Damian Tigges, Dr. Dennis Hog

In a traditionally highly regulated sector, financial developments and changes to the legal framework are forcing hospitals to make difficult decisions between cost containment and ensuring high-quality care.

With many years of expertise, our team advises hospital operators on all regulatory challenges of hospital law and hospital financing and, if necessary, represents the interests of hospitals in court. From the planning, authorisation and financing of hospitals to medical law issues, we cover a broad spectrum of services to ensure compliance with regulatory requirements.

With our specialists in the field of public commercial law, we also advise on all subsidy issues, including EU state aid law.

Contact: Dr. Marc Schüffner, LL.M.

GÖRG has proven experts in the fields of restructuring, reorganisation and insolvency, particularly in relation to hospitals and medical care centres. Due to the underfunding of many hospitals and in view of the upcoming hospital reform, a sustained shortage of qualified personnel and the challenges of digital transformation, many hospitals are in an economic crisis. In particular, the uncertainties surrounding the hospital reform and the question of how long it will take to implement are putting a strain on hospitals. We advise hospitals on the necessary restructuring and develop strategies with the aim of making hospitals economically viable. We support hospitals in negotiations with stakeholders, develop strategies for the implementation of necessary reorganisation measures and monitor the imminent occurrence of an obligation to file for insolvency and its consequences. We work hand in hand with experienced management consultants, trustees and reorganisation managers. We examine whether there are grounds for insolvency and advise on the assessment of going concern forecasts. If unavoidable, we also advise hospitals and their management on the planning, preparation and implementation of self-administration/protective shield proceedings and support structures in analysing the risks associated with individual hospitals. We benefit from the specialist knowledge of our colleagues in the areas of M&A, compliance, regulatory and labour law and can therefore also support complex and large insolvency and restructuring proceedings, while also benefiting from the outstanding expertise of our colleagues in insolvency administration and their experience in previous insolvency proceedings of hospitals in self-administration or regular administration.

Contact: Dr. Michael Schaumann, Dr. Daniel Schmitz

Our specialists in public procurement law advise hospitals on all conceivable procurement projects and have a broad knowledge of the industry. We have excellent references and extensive experience in advising public hospitals or church or private hospitals that have to comply with public procurement law due to the granting of subsidies. We advise on the tendering of complex IT projects as well as on the awarding of planning and construction services for new build or refurbishment projects. In doing so, we keep an eye on sector-specific requirements, such as the granting of subsidies under the Hospital Future Act (KHZG) or for hospital construction projects that are predominantly publicly funded, as well as the new requirements for the interoperability of IT systems under the Digital Act, for example. In procurement projects for hospitals, we often also assume responsibility for project management under public procurement law and can act as an outsourced procurement centre. In addition, we have many years of experience in the privatisation and remunicipalisation of companies, particularly those in the healthcare sector. Finally, we can also use our expertise to represent hospitals in public procurement review proceedings.
 

Contact: Dr. Jan Peter Scharf, Dr. Oliver Jauch