Legal services for medical institutions

Cost of services

from 2000 USD
Start
Negotiable
Court
from 600 USD
Problem solvement
Legal services for medical institutions
5.0
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Reviews of our Clients

What we offer

  • Legal audit of the documentation of a medical center;

  • Consultations on opening or acquiring a medical institution;

  • Preparation of founding documents and further support in registration and obtaining a medical license;

  • Legal support of the medical center after receiving the license;

  • Consultations on working with people with disabilities and obtaining documents verifying accessibility for people with limited mobility to the medical institution’s building;

  • Preparation of key legal documents for the operation of the medical center;

  • Representation of the medical center's interests at the Ministry of Health;

  • Representation of the institution's interests in courts of all instances;

  • Preparation of responses to inquiries from lawyers, law enforcement agencies, and citizens;

  • Analysis of the situation and development of a strategy for handling patient grievances;

  • Masterclass on the conduct of medical staff during interrogations and more.

Content

Documents required

List of documents
Articles of Incorporation
Articles of Incorporation
Regulations of the Medical Center
Regulations of the Medical Center
Collective Agreement
Collective Agreement

What does legal support for medical activities entail?

Supporting medical institutions comes with its unique challenges and complexities, as it involves standard business issues (registration, hiring, termination, inspections by various government agencies) as well as aspects specific to the medical field:

  • Obtaining a license;
  • License expansion;
  • Accreditation;
  • Medical leaves;
  • Medical institution documentation;
  • Operating under martial law conditions, etc.

 

Legal support will be tailored to your institution's needs and will cover the most sought-after services that enable a medical center to start successfully and receive timely, qualified legal assistance.

If you're looking to enter the medical business, our assistance begins with consultations on:

  • Choosing a business structure and tax system;
  • Registering a legal entity or sole proprietorship for obtaining a medical license;
  • Assisting in selecting premises for medical practice;
  • Assisting with lease or purchase agreements for premises and obtaining documents verifying accessible entry for people with disabilities;
  • Preparing and assisting with the submission of documents for obtaining a medical practice license;
  • Developing a starter pack of documents for the commencement of the medical institution's operations;
  • Addressing medical staff employment issues, managing accounting and HR records, etc.


If you're already operating in the medical business, our team will provide a package of services tailored to your needs:

  • If you're planning to expand your business – legal audit and recommendations for necessary legal actions;
  • If you're facing legal issues and can't resolve them on your own – representing your interests in all instances;
  • If you want continuous control over the legal situation in the medical business, ensuring ongoing protection against dissatisfied patients or other legal troubles – we offer a standard set of services for subscription-based support;
  • If you're looking to close or suspend your medical business today – we'll support this process, taking all legal and organizational matters into our hands.

Service packages offers

Start
Start
from 2000 USD
  • initial consultations regarding the vision of creating a business, choosing a form of business;
  • consultations on choosing a tax system, employment of personnel;preparation of a package of founding documents and registration support;
  • assistance and/or support in finding a room, preparation of a lease agreement, proposals for vacation rentals for the duration of repair works;
  • obtaining the SES Act for the premises;
  • securing a document that verifies accessibility for people with mobility impairments to the building and medical facility premises;
  • assistance with the formation of a package of personnel documentation of the institution;
  • assistance with the search and registration of relations with the medical director of the institution;
  • development of the basic technical documentation of the medical institution (regulations on the medical board, contracts for the provision of medical services, templates for refusal to receive treatment, etc.)*.
*the amount of required documentation is set for each client separately, and affects the final cost of the package.
Problem Solving
Problem Solving
from 600 USD
Analysis of the existing problem of the Client.
Development of an action plan aimed at eliminating existing problems and achieving the task set by the Client. For example:
  • organization of the process of labor protection in the medical center;
  • support of the advertising campaign of the medical center;
  • assistance with the passage of metrological verification of equipment;
  • organization of the process of protection of personal data in the medical center;
  • solving problems in case of leakage of personal information of patients;
  • solving problems with a dissatisfied client in a peaceful way, etc.
Implementation of the proposed action plan by our lawyers.
*the final cost of the package will be formed depending on the complexity of your request and the number of hours of a lawyer that will be required to solve it
Wartime
Wartime
from 1500 USD
  • Consultation on the actions of the medical center staff and the preparation of the necessary package of documents, including how to act in the event of an air alert
  • Document analysis of existing medical center documents and formation of a list of documents that need to be developed for medical center security
  • Formation of a package of documents "Wartime", adapted to the specifics of a specific medical center
  • Development or editing:
  • Collective agreement
  • Rules of internal labor regulations
  • Rules for the stay of patients in the medical center
  • Rights and obligations of patients
  • Informed voluntary consent of the patient to receive medical care during an air alert
  • Notice on the processing of personal data
  • Agreement on the provision of medical services
  • Documents that will protect against claims of neighbors about the noise of the generator
  • Training consultation for staff on actions based on created documents (up to 2 hours)
Audit+
Audit+
from 1000 USD
  • An audit of the medical center's existing documentation for legal compliance;

  • Analysis of the client's needs and issues to be addressed in the organization of their medical center;

  • Consultations on employment and tax matters for the optimization of medical center operations;

  • Written legal recommendations on the future operational structure of the medical center.

Court
Court
Negotiable
  • familiarization with case materials;
  • study and development of legislation and court practice;
  • collection of evidence base;
  • preparation of a defense strategy;
  • preparation of a lawsuit (response, response to a response, objection to a response to a response);
  • preparation and submission of motions and requests of lawyers.
* lawyer's court days are paid separately.
Lawyers Agreement
Lawyers Agreement
from 650 USD
  • Signing a legal assistance agreement with the medical center;

  • Formation of a legal dossier;

  • Legal support during searches and access to documents;

  • Defense against searches and document access by regulatory authorities.

The cost of legal services for medical institutions

The cost of services depends on several factors:

  • Volume;
  • Complexity;
  • Deadlines.

If you choose our team for the legal support of your medical business, we can provide you with:

  • Verification and analysis of the legal documentation of your medical center;
  • Consultation on the application of legislation;
  • Development of document projects (regulations, rules, routes, applications, complaints, contracts, and other internal documents) for the daily operation of the center;
  • Representation of your interests in government bodies at various levels.

 

What documents are necessary for a medical center to commence operations?

As with any business, a medical center must prepare a set of documents before it can begin operations. These documents are necessary for both the registration process and the ongoing activities of the center. They can broadly be categorized into several groups:

  1. Foundational documents;
  2. Licensing documents (or a package of documents needed to obtain a license);
  3. Documents related to the core activities: this includes a Collective Agreement, Medical Center Regulations, personal data protection, occupational safety, Confidential Information;
  4. Human resources documents: employment contracts, personal files, verification of professionals;
  5. Medical documents: patient pathways, local regulations, orders, policies, rules, instructions, plans, etc.

The volume of documentation required varies based on several factors:

  • The level of medical care provided (primary, secondary, tertiary);
  • The number of specialties indicated in the license;
  • The medical center owner's intention to pursue future accreditation.

A medical center is an evolving, growing entity that constantly expands, making documentation an ongoing process of change and innovation. The formation, oversight, and refinement of a medical institution's documentation at all stages of its operation is a primary focus of our company in supporting medical activities.

Why us

Support at every stage of the center's development
Support at every stage of the center's development
We have unique experience in supporting private medical business from the birth of an idea to its implementation and transformation of one medical center into a network.
Comprehensive range of services
Comprehensive range of services
We have managed to unite the best specialists in the field of jurisprudence and therefore, by signing a contract with us for legal support of your medical business, you will receive a full range of legal services. They include consulting on tax law, advice on accounting or personnel accounting, protection of interests in state bodies, etc.
More than 15 years of experience in medical law
More than 15 years of experience in medical law
Our company has been obtaining medical licenses of any complexity for more than 15 years. We have obtained more licenses than any company in Ukraine.

We are ready to help you!

Contact us by mail [email protected] or by filling out the form:

Advertising for medical centers

Medical services are governed not only by legislation regulating the medical sector but also by the Law on Consumer Protection and the Law on Advertising. These laws set clear requirements for healthcare institutions regarding the advertising of their services. We will conduct an analysis not only of the contract with the advertising agency but also help you avoid fines from the State Consumer Rights Protection Service for violating advertising requirements for healthcare facilities.

Dissatisfied patients and other minor troubles that might await the medical center 

Any business entity may encounter certain issues and difficulties in its operations. The troubles faced by medical centers have some peculiarities. Common issues that a medical institution may encounter in daily life include:

  • A dissatisfied patient has come to you;
  • Your employee forgot or did not know that personal data and medical information about a patient should not be disclosed;
  • You are asked for a refund for services;
  • You have received a decision on temporary access to items or a court summons.

 

These problems can either be addressed reactively, after they arise, or proactively, by preparing in advance to prevent them. To assist in this proactive approach, we will:

  • Provide you with a strategy for resolving misunderstandings with your patients.
  • Assist in protecting the personal (sensitive) data of patients.
  • Educate your staff on how to handle unusual situations.
  • Defend your interests in court.

 

Legal defense for medical organizations in court

Engaging in business activities, especially within the medical services sector, comes with inherent risks. It's not uncommon for a dissatisfied patient or contractor to refuse settling disputes out of court. Sometimes, a medical center might be unaware of an existing conflict until a court summons arrives. Our team is equipped to assist in preparing for legal battles of any complexity, specifically by:

  • Collecting evidence;
  • Analyzing current laws relevant to the conflict's origin;
  • Developing a strategy and tactics for the case;
  • Representing your interests in court.

 

We recommend our clients to seek out-of-court resolutions first, as court proceedings can extend from 2 to 7 years. Nonetheless, our clients are assured that properly prepared documentation, both operational and medical, accounts for 60% of the success.

Contract development for medical centers

Our service package for preparing agreements for medical centers includes:

  • Drafting employment agreements (fixed-term, indefinite-term, flexible working hours, various salary payment schemes) and, as a bonus, NDAs for employees;
  • Creating service agreements for medical services (both public and private agreements);
  • Preparing or analyzing supply, subcontracting, and service agreements;
  • Drafting and assisting with lease agreements for medical center premises, including analysis of location, inclusivity, and compliance with specific building regulations;
  • Developing refund agreements.

 

Trademark registration for medical centers

Protecting the intellectual property of a medical institution is as vital as protecting its business reputation. Timely trademark registration conserves resources, rights, and time for any business endeavor.

Our process for registering a trademark for a medical center starts with identifying the goods and services for which the trademark will or may be used, and in which countries.

Following this determination, our expert:

  • Searches for identical or similar trademarks that have been registered or are pending registration;
  • Analyzes search results and formulates the application;
  • Submits the application.

The trademark then undergoes examination by the Ukrainian patent office, a process taking approximately 2 years. An expedited examination can reduce this period to between 3 and 9 months. Although it's not a swift process, you receive protection even before the official trademark certificate is issued.

Answers to frequently asked questions

Can a legal entity be registered at one address and obtain a medical license at another?

Yes, it's possible! The law doesn't restrict businesses from obtaining a license at the registered address of the legal entity. This is because a business can operate a network of medical centers. To avoid the necessity of registering a new legal entity for each center, the law permits licenses to be issued based on the actual location of medical practice. In this case, a lease agreement for the premises and an order to create a structural division within the business entity for the purpose of medical practice serve as the basis for license issuance.

Is it compulsory to employ doctors as staff members, or can they be engaged through civil-law contracts?

No, it's not compulsory! Licensing conditions specify that the license is granted exclusively to the business, not to individuals. Employing a doctor on a part-time basis does not violate these conditions, as they are considered an employee, subject to all labor laws and licensing requirements. However, if a medical center opts to engage a doctor under a civil-law contract without including them in the license, it could breach Licensing Conditions. Such an arrangement could mean the medical center operates without a proper license or fails to make the necessary amendments to their license, which is illegal. This could lead not just to the revocation of the license but also to criminal liability if the care provided by the doctor leads to negative outcomes for a patient.

Assistance in organizing medical tourism for Ukrainian medical institutions

Medical tourism had been quite profitable in our country. Certainly, the war has made its adjustments to this sector, but it has not changed the fact that Ukraine has:

  • A large number of highly qualified medical professionals;
  • Significantly lower costs for medical services;
  • A necessary number of specialized facilities that primarily interest foreign patients.


Before the war, medical tourism focused mainly on several key areas:

  • Plastic surgery;
  • ART (Assisted Reproductive Technology, including in vitro fertilization or surrogacy);
  • Various cell technology-based rejuvenation methods.

 

Reasons for the tourism business also included the significant cost of services in the tourist/patient's home country and/or legislative bans on certain types of medical services in some countries. Our team has experience working with medical tourism both for individually tailored services and through intermediaries with well-established processes.

A tourist patient doesn't only refer to foreigners and stateless individuals. A considerable segment includes Ukrainian citizens living and working abroad who choose to receive medical services back home. For a Ukrainian medical facility looking to enter the medical tourism market, it's crucial to be prepared for systematically servicing foreign patients.

We commonly assist our clients in drafting and managing contracts with intermediary companies responsible for finding such patients, organizing their travel to Ukraine, arranging their stay, providing interpreter services, etc. In these arrangements, the medical center solely provides medical services and receives payment directly from the patients or through the intermediary. Our experience includes dealing with instances of fraud by foreign patients, leading to legal proceedings.

How to start a medical business in Ukraine?

Selecting premises for a medical center

Selecting the ideal location for a medical center is influenced by two primary factors:

  • The specifics of your business plan, including the number of professionals you intend to employ;
  • The licensing authority's stipulations regarding the premises' location and size.


Options range from acquiring or constructing a standalone building to opting for the first or second floor of an existing structure. Clearly, the more expansive the premises, the greater the investment required, particularly for building a medical center from the ground up. This scenario necessitates re-registering the land plot, verifying the constructor's reliability, and securing all necessary construction documentation.

Choosing an existing space is a more economical option, accounting for 10-15% of the overall budget. Notably, many contemporary residential complexes and construction projects include commercial spaces on their lower floors designated for business leases, including clinics, alongside shops and cafes.

When selecting a location for your medical center, ensure it matches the following criteria to meet the Ministry of Health's requirements:

  • The premises must be non-residential; if located within a residential building, they must be officially reclassified as non-residential.
  • Ideally situated on the building's first or second floor, although standalone buildings can have more levels.
  • Equipped with essential utilities such as water, heating, and electricity.
  • Sufficiently spacious to accommodate all declared medical professionals, in compliance with National Building Regulations.

 

Legal Note: The required size of a doctor's office varies with the service type. For instance, certain specialist offices may need extra spaces of specific sizes, like an ophthalmologist's "dark room" or a radiologist's control room.

The leasing or purchasing cost for premises hinges on the necessary square footage and the prevailing real estate prices in your area. To avoid overspending, we recommend our clients to attend a preliminary consultation with us. Here, we can verify the suitability of selected premises or offer pre-emptive selection advice.

Please note! The premises must not only align with the Ministry of Health's guidelines but also possess documentation affirming accessibility for individuals with mobility challenges.

Moreover, starting March 30, 2024, every licensee previously granted a medical practice license is required, within a year at most, to submit to the licensing body a document confirming accessibility, following the introduction of a new submission format for Statements.

Our services include facilitating the acquisition of all requisite documents.

Equipping a medical center

In budgeting for the launch of a medical center, typically, 45-50% of the total budget is allocated to equipment purchase. The expenditure on equipment largely depends on the type of services you intend to offer.

The choice of equipment is yours, but it's essential to consider two aspects:

  • The licensing authority mandates a specific set of equipment for each doctor's office, though this list can sometimes be reduced with the authority's consent;
  • All required equipment must be certified in Ukraine.

 

Before applying for a medical license, ensure all equipment is listed in your application and complies with the Ministry of Health's regulations.

Hiring staff for the medical center

Typically, 20-30% of the initial budget for opening a medical center is allocated for staff recruitment and salaries. Again, this depends on the range of services you plan to provide and the number of medical staff you anticipate hiring. Besides medical professionals, including doctors, nurses, orderlies, etc., the clinic's staff may also include administrative, management, cleaning personnel, accountants, etc.

If registering the medical center as a legal entity, the staff must include a medical and a general director, both of whom have specific educational requirements. Importantly, the medical director must have a medical education as well as a degree in "Healthcare Organization and Management." The Ministry of Health may have separate requirements for medical staff based on:

  • The level of higher education;
  • The field of medical worker's training;
  • Specialty and specialization.

 

Information on each medical professional must also be detailed in the application when applying for a medical license. Our firm ensures all medical personnel documents, including those of the general and medical directors, comply with the licensing authority's standards. We also offer to manage staffing concerns for the medical center, covering employment relations with medical and other staff, and overseeing the clinic's financial and HR administration.

Obtaining a license for the medical center

Once the premises, equipment, and staff are ready, the next step is to apply for a medical license. This involves accurately preparing all necessary documents for the Ministry of Health and awaiting the decision of the licensing authority.

Our legal team provides several key benefits in this process:

  • Accurate preparation of the documentation needed to successfully obtain a medical center license on the first attempt;
  • Handling all interactions with the licensing authority during the document review process. We will oversee the document verification process and manage all communications with the licensing authority on your behalf.


Business analysts estimate the medical business's average return on investment period to be between 23-25 months. Given the growth potential and current trends in the paid medical services market, which today does not account for even a third of the total medical services market, this represents a promising investment opportunity. We can assist you in making this investment efficiently and effectively.

If you aim to protect your medical business in Ukraine, expand its operations, and ensure robust legal support for any potential disputes, reach out to us for assistance.

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