Compliance in the healthcare sector
The various forms of cooperation between service providers on the health care market, which are desired both politically and legally, always require a clear demarcation from impermissible forms of cooperation, both in terms of medical professional law and in view of the anti-corruption law. This requires profound knowledge of the framework conditions from all areas of health care law, in particular the law governing panel physicians, hospital law, professional law, pharmacy law and data protection law as well as experience in dealing with medical associations, health insurance companies and public prosecutors’ offices.
Legal certainty for cooperation
Regarding compliance, we offer our clients not only the necessary and natural discretion but also highly specialized, comprehensive advice and efficient individual concepts for the legally compliant implementation of their business projects. Especially when advising on the enormous risks and opportunities associated with compliance, we particularly benefit from the many years of experience of our interdisciplinary team at the interface of medical law and business law.
Criminal law risks due to Anti-Corruption Act
With the introduction of the so-called Anti-Corruption Act, the healthcare industry must prepare itself for additional pressure, particularly in the area of cooperations between medical players. The problematic constellations discussed in the past under aspects of professional and competition law – such as sponsoring and marketing measures by the pharmaceutical industry, fee-based physician activities in hospitals, cooperations with medical laboratories such as providers of remedies and aids – are increasingly coming under the scrutiny of the public prosecutor’s office.
Development of individual solutions
Together with you, our interdisciplinary team develops comprehensive individual compliance solutions and benefits from the interlocking of our main areas of advice: contract physician law, hospital law, professional law, competition law, commercial law and data protection law. This provides our clients with the legal framework to establish proven cooperation models and also to successfully launch new forms of care. In addition to the establishment of control mechanisms and quality management systems, this also includes the creation of codes of conduct and training for employees.
- Design of individual compliance concepts
- Preparation of expert opinions on criminal, professional, competition and contractual risks
- Development of a code of conduct
- Creation of customized work instructions for employees
- Introduction of control mechanisms for early detection of errors, etc.
- Development of effective legally secure assignment management models
- Strategic planning of legally secure and profitable cooperations
- Communication with medical associations to obtain legally binding information
- Development of marketing strategies in compliance with professional law