Țuca Zbârcea & Asociații | PRACTICE AREAS

Medical Law & Medical Services

Ţuca Zbârcea & Asociaţii has an interdisciplinary team of experienced lawyers who have gained a solid and vast expertise in all the relevant aspects pertaining to the field of health and medical services. 

Our clients are local and international companies providing clinical healthcare services, hospitals and laboratories, as well as professional associations of private healthcare providers, and investors in the medical field.

Our Services

extensive experience in mergers and acquisitions projects in the medical field, in particular in conducting the legal due diligence on the target company/ business (including anti-bribery and deontological practices), preparing the data room in case of a sale, drafting and negotiating share or business transfer agreements in healthcare companies, transferring licences and key contracts, including with the National Health Insurance House (CNAS).
legal assistance on the regulations and procedures applicable to the establishment of new providers in the field, and to the expansion and reorganisation of existing ones, respectively; the preparation of documentation for contracting with Health Insurance Houses and assistance in dealings with such (including in control operations or in connection with disputes); advice on the interpretation and application of the legal framework governing the operation of healthcare providers and their relationship with the medical personnel (including the preparation and negotiation of the related contracts), patients (including preparation of the contractual documentation concluded with the patient), private health insurance companies and other providers of medical services or special equipment, media relations/advertising operations. Our lawyers are also experienced in due diligence processes for the identification of healthcare providers’ legal vulnerabilities as regards liability to patients and medical personnel, as well as the terms of liability insurance contracts. Besides, our tax team has developed a rich practice in relation to the particularities of the tax regime applicable to healthcare providers. In addition, our firm has been successfully involved on behalf of professional associations in the field in promoting/combatting legislative initiatives.

Client Highlights

Legal assistance to private providers of medical services (clinics and hospitals) concerning Health Insurance Houses contracting requirements, assistance in preparing the contracting documentation, as well as in the post-contracting relationship with the House (including in control operations or in disputes with the House and in the interpretation of the legal limitations derived from contracting with the House).
Legal assistance provided to an important chain of private clinics in drafting contractual documentation with its medical staff, as well as in the relationship with its patients and private insurers; the assistance involved an extended legal audit meant to identify the legal vulnerabilities of the client in relation to these entities based on the existing documentation, especially risks of professional liability and non-compliance with special legal provisions and the contracts concluded with the House, followed by a complete review of the contractual packages in view of managing/covering risks and protecting the client's interests.
Assistance given to several investors in the medical field (also including existing service providers interested in expansion or divestment/exit) in relation to various mergers and acquisitions transactions; the tasks included legal due diligence on the target companies / businesses (including compliance with anti-corruption practices and deontological norms), preparing the data room (for sellers), drafting and negotiating share / business transfer contracts in medical companies, transfer of authorisations and key contracts (including contracts with the Health Insurance House).
Successful legal assistance and representation for various professional associations in debates on legislative initiatives.

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