NHS & Healthcare Law Advice Answers, not options

Transcription

1 NHS & Healthcare Law Advice Answers, not options

2 Guiding you through the reforms The advent of the Health and Social Care Act 2012 brings with it an unparalled state of uncertainty to the healthcare and social care sectors. Whilst many view change as disruptive and unwelcome, change is a fact of life. And more often than not, with change comes opportunity. Our dedicated teams, working both in the public and private health and care sectors, are well placed to advise you on how to best meet the challenges and help you make the most of the opportunities that these reforms will create.

3 What Clients say about us: The North West Postgraduate Dean for Healthcare, England has said of Pat Jones (Head of Healthcare) that she inspires confidence. She is a safe pair of hands always putting her Clients interests first and being highly responsible and accessible when problems and the need for advice arise. Pat has received thanks for ensuring that Client s organisations have emerged from litigation without a stain upon them and in a recent unsolicited testimonial, a PCT CEO referred to both the excellence of the support and the exceptional legal advice that Pat provided to key decision makers when local concerns arose about PCT clustering arrangements. Had it not been for your very careful management and close attention to detail, I am sure the outcome would have not been nearly as positive. Really committed to getting difficult deals done. Ray Goodier, Deputy Director of Finance, Stockport NHS Primary Care Trust. What Legal Commentators say about us: Chambers : Healthcare: This (Corporate) team is respected by interviewees for its exemplary private equity and healthcare sector expertise. Prominent healthcare clients, including LNT Group, Maria Mallaband and Elder Homes, are complemented by private equity heavyweights such as Mavern, LDC and Catapult. The team is praised by clients for its proactive and responsive approach. Employment: Freeth Cartwright attracts praise for getting under the skin of its clients businesses and offering a good understanding of employment law. The team has been bolstered by new client wins from both the public and private sectors that it is positioned to advise on an assortment of concerns including TUPE agreements and employment disputes.

4 NHS & Primary Healthcare Providers We have an enviable track record of having been at the forefront of legal developments within the healthcare market. Our team s experience includes advising on high profile and sensitive employment claims, innovative PPP and outsourcing transactions (including a number of market firsts ), procurement, complex governance and regulatory matters and public enquiries conducted under intense media scrutiny. Our clients include NHS Trusts, Foundation Trusts, GPs, private sector providers, property developers, construction contractors, service providers, regulators, commissioners and a range of new generation not for profit providers. The diversity of our client base enhances our ability to advise our clients and gives us a holistic view of matters from all perspectives. And with our in-depth experience of the Care sector, we understand the legal and regulatory boundaries that may affect you. Our specialist knowledge can guide you through these issues more professionally, practically, and expertly. If you would like to learn more about our dedicated team and how we can help your organisation achieve its objectives please contact: Pat Jones Tel: pat.jones@freethcartwright.co.uk Stephen Pearson Tel: stephen.pearson@freethcartwright.co.uk James Larmour Tel: james.larmour@freethcartwright.co.uk

5 Our expertise An experienced, full service team Our dedicated healthcare team is drawn from all practice areas to offer integrated and cost effective legal solutions to clients in the healthcare sector. We have the strength and depth of resource to advise on the largest and most complex of matters. We can advise you on a broad range of matters including: Commercial & Corporate Finance Transactions Advising Coventry City Council on NHS Partnership arrangements with CCGs. Acting for an ISTC provider on the implications of NHS reform on a suite of Lease documents for Clinics in Liverpool, Cheshire, North Yorkshire and Humberside and assignment of residual rights to NHS Property Services. Advising a major contractor for Guys and St Thomas hospital for range of medical supplies. Dispute Resolution Advising on conflict of interest issues on contracts commissioned via PCTs / LPGs. Acted in a Judicial Review concerning NHS England in considering the proposed suspension of a GP on Patient safety grounds and the relevance of S149 Equality Act Duties. Employment and Human Rights Commission (EHRC) discrimination counter allegations against PCT personnel. Employment & Pensions Successfully handled long running high profile case for a Mental Health Trust involving a Trade Union representative which involved long periods of industrial action. Drafted the contracts of employment for all junior dental trainees in the North West. Acted for a Post Graduate Medical Deanery in having several claims alleging race discrimination withdrawn prior to a hearing and without any financial offer being made. Advising and representing NHS organisation in an unfair dismissal and disability discrimination claim (HL). Drafting and negotiating pensions admission agreements. Healthcare Law Advised on a Section 2 NHS Act review into the criminal activity of a GP who had abused patients. Acted in the Shipman enquiry for the Health Authority in which he practiced (PJ). Governance Acted for West Pennine Health Authority in its appearances before Dame Janet Smith. continued over...

6 IP, IT and Data Drafted the Data Protection policy related to the use of NHS patient records by a UK operator of Renal Dialysis Clinics, taking account of contractual obligations and Caldicott principles. Advised on a disclosure of NHS records to a crime and disorder partnership being run by a Police Force. Advised on the disclosure of patient records to a Swiss based company in connection with drug trials. PPP & Major Projects Advised Stockport NHS Primary Care Trust on the creation of two new multi-user primary care centres funded by the Co-op Bank. Advised Lincolnshire Teaching Primary Care Trust on the proposed creation of a separate employee mutual organisation to undertake building maintenance and cleaning services. Acting for an ISTC provider on the implications of NHS reform on a suite of Lease documents for Clinics in Liverpool, Cheshire, North Yorkshire and Humberside and assignment of residual rights to NHS Property Services. Acting for a contractor in relation to the construction of two PFI community hospitals. Advising on two LIFT underleases at Bulwell and the renewal of 12 LIFT underleases in Greater Nottingham. Real Estate & Planning Advising Herefordshire Council and its NHS partners on all aspects of a shared services agreement, generating savings of over 6m. Advising Stockport Health Enterprise (a GP/NHS organisation) on Phase 2 of its project to build a range of new polyclinic facilities. Advising on the property aspects of a 37.5m LIFT Scheme involving land in multiple ownerships, to be amalgamated, and off site works on an adjoining church with the land post development to be used for doctors surgeries and pharmacies. Procurement Advice on optimising the procurement process at the outset of a project for example market sounding, PIN, OJEU advert, Contract Notice and Contract Award drafting, advice on selecting the most appropriate procurement procedure. Advising on the procurement duties imposed by the NHS (Procurement, Patient Choice and Competition) Regulations Drafting core documents on a range of complex procurements, for example OJEU Advert, PQQ Questionnaire, Evaluation Criteria, ITCD documents. Advising on preferred bidder selection, including how best to minimise the likelihood of potential challenges and the impact of the Remedies Directive. Preparing contracts for hospital cleaning services and advising on service level regimes. Advising an NHS body on issues relating to procurement of a contract for the provision of medical services to a company owned by GPs. Advising on the compliance of a process for letting supported living contracts. Regulatory Successfully acted for the North West Deanery in two judicial reviews. Acted for both the GMC, NMC and other regulators. Compliance by local NHS bodies with Agenda for Change where it has not complied with nationally agreed standards. Worked for an NHS Trust on conversion to Foundation status with Monitor. Acted for a major pharmaceutical company on the regulatory aspects of providing mobile eye clinics to be operated within NHS sites.

7 Clients A sample of clients who value our approach include: Manchester Mental Health Trust Health Education, England British Psychological Society Autism Care (UK) Ltd Local Medical Committees (LMC s), Nottinghamshire Fresenius Medical Care (UK) Ltd University of South Manchester Foundation NHS Trust I Care (GB) Ltd Liverpool Community Health NHS Trust South Staffordshire and Shropshire Healthcare NHS Foundation European Association for Cancer Care Lincolnshire Community Health Services NHS Trust Our Team Pat Jones Tel: pat.jones@freethcartwright.co.uk Philippa Dempster Tel: philippa.dempster@freethcartwright.co.uk James Larmour Tel: james.larmour@freethcartwright.co.uk Chris Holwell Tel: chris.holwell@freethcartwright.co.uk Stephen Pearson Tel: stephen.pearson@freethcartwright.co.uk Hanif Lula Tel: hanif.lula@freethcartwright.co.uk Mark Gradwell Tel: mark.gradwell@freethcartwright.co.uk

8 BIRMINGHAM / DERBY / LEICESTER / LONDON / MANCHESTER / MILTON KEYNES NOTTINGHAM / OXFORD / SHEFFIELD / STOKE ON TRENT freethcartwright.co.uk