Our large and dedicated regulatory team is experienced in advising both regulators and the regulated community. We are also members of the Department of Health’s legal panel for arm’s length healthcare bodies. We have seen a number of recent cases where regulatory issues (for example involving Care Quality Commission (CQC) enforcement action) have arisen in respect of properties held by healthcare providers and investors and we have been well placed to help navigate them through the issues at play. We have also supported access to market issues, bringing procurement challenges against NHS commissioning bodies.

Our team regularly works with colleagues on large projects as part of a cross sector multi-disciplinary team, providing advice to place our clients in the best possible position to risk assess a potential asset and ensure any commercial transaction is compliant with current regulatory requirements. Increasingly we provide support to investor clients, particularly in relation to facility agreements, incorporating specific requirements that allow the lender to monitor the performance of the business and reporting mechanisms that highlight potential regulatory issues before they become significant.

 

Notable deals and highlights

  • We advised an international business on the potential acquisition of a domiciliary nursing operation which would have linked strongly with its current core business involving intensive medical support devices.  The care provider had a complex regulatory history and we raised significant issues for further consideration in the due diligence process, including identifying key strengths and major weaknesses in the business which would have had to be addressed in contract documentation.  Ultimately, with a greater understanding of the risks involved, the deal did not proceed.
  • We have been working with a number of health start-up businesses on the regulatory compliance issues, helping them at the very initial stages to design their delivery model.  In particular we have advised on whether a new, primarily technology, business will potentially deliver regulated GP services and the alternative, very different models for corporate structures and engagement with healthcare professionals that could be pursued.  This has informed the way forward navigating financial returns and regulatory exposure for this business

Sector spotlight