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  • Precision, perfect timing and an eyefor what matters.
  • Doing the right thing at the right time.That's what seperates the best from the rest.
  • Achieving your goalswith a reliable partnerby your side.

Health care and medical

The health care industry is of great economic importance to Germany as a marketplace. With currently 5.2 million employees and health care spending in the amount of approximately 328 billion euros (2014) – which corresponds to 11.2% of Germany’s gross domestic product – the German health care sector is the centre of focus of successful commercial enterprises.

In addition to medical care for the German population with a total spending of approximately 220 billion euros (statutory and private health insurance companies, 2014), the so-called “second health care market” (wellness, alternative healing methods) has also contributed to the health care industry with consumers spending just below 76 billion euros.

More than any other business sector, the core area of the German health care industry – care for the sick and those in need of help – is subject to almost annual, sometimes significant, changes in law.

These developments do not leave medical service providers (such as hospitals, rehabilitation centres, medical centres, and physicians) or the pharmaceutical and the medical devices industries unaffected. “Cost-efficiency” and “quality in care” are two highly topical issues that mean an increase in regulatory requirements, and in the cost of implementing such requirements, for all companies operating in this sector.

This environment is a challenge for businesses operating in the health care sector – and also for their advisors. Luther takes on this challenge: we stand for solid legal (and tax) advice in the health care sector, offering tailor-made solutions worked out by interdisciplinary teams. With over 20 specialist lawyers and tax advisors and more than 15 years of experience in the health care sector, we advise businesses on all issues related to the health care industry. We know how the health care market is structured, are familiar with the regulatory situation, and understand our clients’ economic objectives. We are in constant contact with local official decision-makers, health insurance companies, and a large number of medico-economic cooperation partners. Our clients include well-known hospital operators and mid-sized service providers, as well as pharmaceutical companies and manufacturers of medical devices.

Our Range of Services:

Corporate Law/M&A

  • Sale and purchase of companies operating in the health care market and hospitals, including (partial) privatisations
  • Restructurings (also and in particular mergers of hospitals)
  • Joint ventures / stakes in companies from the health care sector
  • Incorporating (holding) companies and setting up co-operations
  • Legal advice regarding the further development of university medicine, including assistance with legislative procedures
  • Advice on financing issues (acquisition financing)
  • Assistance with corporate reorganisations, insolvency advice

Hospital Law

  • Advice in connection with hospital planning, representation in legal actions
  • Hospital financing law
  • The law governing hospital funding and investment costs
  • The law governing hospital per diem charges and operating costs

Medical Law

  • Medical and pharmaceutical law (pharmaceutical industry and medical technology)
  • Law governing physicians
  • Medical liability law
  • Pharmaceutical law
  • Law governing medical products and blood transfusion law
  • Law governing curative treatment
  • Pharmaceutical advertising law
  • Pharmaceutical law and the law governing advertising by physicians
  • Competition law, protection of intellectual property

Employment Law

  • Employment law relating to transactions and privatisations
  • Reorganisations from an employment law aspect
  • Reconciliations of interests/social plans
  • Collective bargaining and the law governing collective bargaining agreements, including negotiations with respect to collective bargaining agreements
  • Works constitution
  • Company pension plans
  • Employment contracts and service agreements for managers and managing directors, employment contracts for chief physicians
  • Civil service law

Antitrust Law

  • German and European merger controls in the hospital market/health insurance market
  • Controlling abuse of market power
  • Advising cooperations/joint ventures
  • Advice on compliance issues and administrative fine proceedings under antitrust law

Public Procurement Law

  • Accompanying complex, structured bidding and privatisation processes from a public procurement law perspective
  • Advice regarding procurement processes and legal disputes
  • Public Private Partnerships
  • Calls for tenders in the health care industry (participations, co-operation agreements)

Public Business Law

  • Advice in matters regarding national and European constitutional and administrative law as well as economic administrative law
  • Support with legislative projects
  • Subsidy law

Tax Law

  • Developing tax structures for transactions
  • Devising tax structures during the creation of joint ventures and co-operations
  • Tax optimization in connection with restructurings in the health care industry

Contact

Dr. Oliver Kairies, Partner
Phone +49 511 5458 17643
oliver.kairies@luther-lawfirm.com

Claudia Strohe, Partner
Phone +49 69 27229 27063
claudia.strohe@luther-lawfirm.com

Health care and medical