Healthcare
The Health Sector
BREMENS AVOCATS has developed a high level of specialisation in the Health sector, acting on behalf of the various operators of this sector. These include private and public multi-purpose and specialist health service providers, public-private partnerships, specialist health centres, pharmaceutical laboratories and distributors, professional associations and bodies, manufacturers of healthcare products and medical devices, as well as healthcare professionals ( notably doctors, pharmacists, dental surgeons and professional bodies).
Our specialist team offers advice and support to healthcare providers in structuring consortia, acquiring shareholdings and capital transactions, fund-raising, mergers & acquisitions, and company transfers.
More specifically, BREMENS AVOCATS has gained extensive expertise in the specific requirements of various specialist medical fields, including medical imaging, anatomopathology, ophthalmology, gastroenterology, nephrology, dialysis and anaesthesia. In addition, we have a strong presence in the fields of medical biology, pharmaceuticals and dentistry.
BREMENS AVOCATS assists clients in adapting to ongoing changes in legislation, regulations, case law, and healthcare budgets. We represent clients when dealing with government departments and public authorities (such as ARS, CPAM, CNAM, HAS, professional bodies, and disciplinary courts) on all regulatory aspects of the activities and practices of healthcare professionals.
Examples of operations completed:
Consultancy in restructuring and reorganisation:
- External expansion of medical practitioner groups or medical laboratories (including mergers, acquisitions, and fund-raising)
- Establishing/renewing relationships between healthcare establishments and medical practitioner groups or medical laboratories
- Acquisition/sale of healthcare establishments – LBO
- Acquisition/sale of independent businesses (practices, laboratories), pharmacies and companies operating such businesses
- Advice/assistance for doctors, biologists and pharmacists when joining a group
- Establishing public/private partnerships
- Outsourcing of medical or biology services from public or private healthcare establishments
Public and regulatory health law:
- Regulation of healthcare products
- Liaison with professional bodies (application of rules of ethics)
- Assistance with disciplinary proceedings before the Disciplinary Boards of the French Bar (Chambres disciplinaires ordinales)
- Assistance with inspections of operations carried out by the CPAM Medical Department (checks on claims)
- Assistance with applications for equivalence of qualifications to set up in sector 2
- Negotiation of public domain occupation agreements with public hospitals
- Health authorisations (healthcare activities and EML): Administrative or hierarchical appeals, litigation before the administrative court
- Opening and transfer of pharmacy: Informal or hierarchical appeal before the administrative court
Litigation:
- Litigation concerning the termination of practice contracts between medical practitioners and health establishments, collaboration contracts, and vacation contracts between medical practitioners and medical practices (indemnity clauses, notice periods, clauses prohibiting installation or non-competition)
- Disputes between partners and members of groups of medical companies whatever their form (exclusions, transfers of social rights, non-compliance with statutes and internal regulations, etc.)
- Litigation concerning charges and repayments of technical packages and fees between medical practitioners and health establishments (disputes concerning the actual cost of charges, unpaid bills, management mandates).
- Litigation concerning the financial nature of medical practices and respect for the independence of doctors in the various contracts between financial backers and medical practitioners