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Healthcare

Key Contacts

The Healthcare Team is a multi-disciplinary team of attorneys drawn from Stek’s various practice groups. The integrated nature of our services is to your advantage: we can respond to your wishes and requirements in the most effective way possible, helping you attain your objectives. The Stek Healthcare Team distinguishes itself in terms of:

  • Its expertise in various disciplines;
  • The fact that every team member has years of experience in the healthcare sector (care and cure);
  • Short lines of communication and responsiveness;
  • The team’s enterprising and creative approach;
  • Decisive, individual, expert advice;
  • Accessible top quality at competitive rates.

Because they have been active in the healthcare sector for many years, dealing with such challenges, the team members understand the issues you are facing. That is why we are excellently placed to guide you through such processes and achieve good solutions.

Expertise

Joint ventures, mergers & acquisitions and governance

Consolidations in the healthcare sector, such as the creation of joint ventures or megers (legal or administrative) and acquisitions between healthcare institutions, with suppliers, or within the chain, are common these days. Not only do we have years of experience in this area, we are also well-apprised of the most recent trends and developments in healthcare regarding such matters as collaborations, mergers and acquisitions, and corporate governance.

Financing

Whether large hospitals or smaller healthcare providers are involved, it is often the case that new external financing is necessary or (for example due to the conclusion of joint ventures or mergers between healthcare institutions) that existing financing requires a revamp. Our team members have a long track record of assisting financing transactions in general and more specifically in the healthcare sector, acting on behalf of both banks/lenders and healthcare institutions in this regard.

Competition and Regulated Markets

The highly regulated character of the healthcare sector makes contact with authorities unavoidable. To help this go smoothly, knowledge of the market, the applicable regulations and these authorities’ procedures is essential. The team has this knowledge, assuring you of excellent support in matters including:

  • unannounced inspections by the Authority for Consumers & Markets (ACM) and the Dutch Healthcare Authority (NZa);
  • the assessment of cooperation agreements or joint ventures with respect to the cartel rules (self assessment) or merger control;
  • the notification of mergers, acquisitions and joint ventures to the ACM and the NZa;
  • advice on European and national sector-specific regulations;
  • the conduct of proceedings before the various authorities and judicial bodies.

Privacy

The healthcare sector handles a great deal of special personal data. In addition, central government is encouraging the healthcare sector to offer more eHealth (i.e. the use of information and communication technology to support or improve health and healthcare) and to raise awareness among their patients of the options available. The digital revolution has major consequences for healthcare. One of the key aspects involved concerns the protection of patients’ privacy and the confidentiality of sensitive information shared using this technology. Our team members provide advice on the drafting and implementation of privacy policies, the drafting of processor agreements, the data breach notification obligation and issues relating to your rights and obligations under the General Data Protection Regulation (GDPR) and the ePrivacy regulations.

Experience

Set out below is a summary of our team members’ varied legal support in the healthcare sector, often from a multi-disciplinary perspective:

  • Providing advice on hospital financing (to the bank(s) or the hospital);
  • Assisting DentConnect in various acquisitions of several practices in the dental sector;
  • Assisting Mathot Medische Speciaalzaken in the acquisition of Dantuma Medische Speciaalzaken, active in the medical devices sector, from Stichting Kwadrantgroep;
  • Assisting Synco Bio Partners, a Dutch manufacturer of biopharmaceuticals and vaccines, in the sale of its operations to Wacker Chemie AG, and in the drafting of various commercial contracts;
  • Assisting Stichting Orbis Zorgconcern in the setting up of a joint venture with Assist Zorg in Huis (Vebego), concerning home care activities;
  • Assisting a large healthcare institution in the sale of various medical device companies;
  • Assisting a large American player (active in the development and sales of medical devices) in the acquisition of a Dutch obesity clinic and a clinic active in the field of diabetes;
  • Assisting a large home care institution in various sales and acquisitions;
    Submitting various notifications and licence applications to the ACM for acquisitions and mergers in the mental healthcare (GGZ) sector, the care and nursing (V&V) sector and the hospital sector, including with regard to the complex mergers between the only two Amsterdam University Medical Centers (Amsterdam University Medical Center and VU Medical Center), between the only two hospitals in Tilburg (TweeSteden Ziekenhuis and St. Elisabeth Ziekenhuis), and between the two hospitals Spaarne Ziekenhuis and Kennemer Gasthuis;
  • Assessing various joint ventures between healthcare institutions in respect of the cartel prohibition (self assessments);
  • Providing competition law assistance to a healthcare providers in the care sector regarding an investigation into infringement of the competition rules;
    Submitting various notifications of mergers and acquisitions to the NZa under the healthcare-specific merger control rules.
More

Would you like to know more about how we can help you? If so, please contact Berend Reuder (Competition and Regulated Markets), Sharon Kaufmann (Finance), Malu Dijkstra (Corporate) or Stephanie Dielemans (Privacy and Regulatory).