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Health & ageing

The health sector faces significant challenges with an ageing population, rising health care costs, pressure on health service, personalised medicine, consumer directed care, technology analysis and delivery, market consolidation and workforce shortages.

Our clients are reimagining the delivery of services across the health and ageing spectrum. We're focussed on providing solutions that respond to industry trends and position our clients to meet the challenges that lie ahead.

  • Healthcare
  • Aged care and retirement
  • Health insurers
Healthcare

We work with you across the full lifecycle of healthcare projects and operations, whether you’re a government department, a funding provider, a clinician or a private operator with a combination of healthcare assets: health services, private acute and day facilities, diagnostics, radiology, pathology, mental health, disability or chronic diseases.

 

Investments & commercial arrangements

  • Social infrastructure investment, construction and development
  • Public private partnerships and co-locations
  • Mergers and acquisitions
  • Foreign investment
  • Commercial contracts and management
  • Clinical outsourcing and procurement
  • Technology platforms and systems transformation, outsourcing and intellectual property transfer
  • Employment, safety and industrial relations

Read about our M&A expertise in Doing a Deal


Risk management & regulatory

  • Regulatory and compliance advice, including licensing and compliance with management of complaints to AHPRA, state health care complaints commissions and the various privacy commissioners
  • Healthcare reform implementation – from clinical and operational risk assessment through to developing new legal structures, procurement arrangements and funding programs
  • Safety and quality initiatives, system reviews, and corporate and clinical governance
  • Drafting facility by-laws with associated credentialing reviews
  • Big Data, e-health implementation, genomic medicine, management of records and privacy obligations
  • Critical incident response and investigations

Disputes – medical negligence

  • Complaints management
  • Medical indemnity, negligence, defence, claims and insurance
  • Coronial inquiries
  • Pre-litigation
  • Litigated claims

 

Aged care and retirement

Retirement Living. Aged Care. Health. Like never before, these three worlds are converging as the 'continuum of care' becomes the new reality. If your business operates in any or all of these worlds, we have you covered. 


MinterEllison is a leading Australian law firm with a dedicated national retirement living, aged care and health practice. With a national network of technical and sector specialist lawyers, we have worked as strategic adviser to clients across the nation on retirement living, aged care and health for more than 30 years.

Navigating worlds as complex and fast-changing as retirement living, aged care and health requires advisers who not only have exceptional legal expertise, but who understand emerging market trends, the drivers of regulatory change and the day-to-day issues facing those who operate in those worlds. That’s why our clients value our advice. Put simply, we understand the worlds in which they operate and the challenges they are likely to face – and we have the specialist knowledge to advise them on how to best achieve their goals.


Your partners in success 


We have built our leading national reputation around a philosophy of being our clients’ ‘best partner’. Working collaboratively with you, our legal advisory experts will apply their deep understanding of retirement living, aged care and health to deliver practical solutions and insightful advice.

Whether you are looking for advice on the day to day issues of managing a retirement village, aged care facility or hospital or need to understand how complex government policy and legislative requirements apply to you, we have you covered. We speak your language and work with you to deliver the results you want.

 

Our services

  • Regulatory and compliance advice
  • Retirement village scheme structuring and set-up
  • Retirement village scheme documents
  • Residential care agreements
  • Aged care accreditation
  • Unit conveyancing and transfers of allocated places
  • Acquisition and disposal - retirement villages, aged care facilities, hospitals
  • Development and construction
  • Planning and environment
  • Corporate restructuring, capital raising and joint ventures
  • Taxation, stamp duty and GST
  • Employment and occupational health and safety
  • Financing and investments
  • Resident and patient claims, dispute resolution and litigation

Read about our infrastructure expertise in Delivering a capital project

 

Health insurers

The private health insurance sector is a highly competitive environment. The insurers are constantly looking at improving their service offering to members and diversifying their operations. This gives rise to a raft of regulatory, legal and procurement issues.

We advise on the full spectrum of legal needs of private health insurers, including regulatory advice, front end policy advice, mergers and acquisitions (including fund mergers and conversions to ‘for profit’), intellectual property and IT, human resources and industrial disputes, leasing, health infrastructure, competition issues and health information.

Similar competition and regulatory pressures plague the medical indemnity insurance market, both with respect to cover offered to clinicians and healthcare facilities. Our advice offering discussed above also covers this market, with the additional offering of assisting you or your organisation when navigating the often challenging and stressful complaints or litigation phase. Our focus is on engaging with clients during this time to meet their needs and to resolve complaints or claims quickly and cost effectively while being ever present of managing and mitigating against reputational risks

 Read about our insurance sector expertise

Recent developments

You may also be interested in:

Experience

Commonwealth of Australia on the transfer of ownership of Mersey Community Hospital to the State of Tasmania.


Australian Unity on its Herston Quarter multi-use health precinct in Brisbane.


Victorian Government on the Victorian Comprehensive Cancer Centre PPP.


Queensland Health on the IBM IT outsourcing dispute.

Asaleo Care on its IPO and ASX listing ($1.06bn market capitalisation).


Jangho Group on its $200m takeover offer for ASX-listed Vision Eye Institute Limited.


Victorian Department of Health and Human Services on various enterprise bargaining arrangements.


Establishing the Australian Digital Health Agency (which has the responsibility for Australia's national digital health strategy and for the operation of My Health Record).

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  • Aveo Retirement Living on the acquisition of virtually all of its retirement villages and aged care facilities, and the acquisition of Freedom Aged Care portfolio.
  • Lendlease on all aspects of its retirement living portfolio including the acquisition of a portfolio of retirement villages and all its unit conveyancing.
  • nib: Advising on private health insurance law, regulatory advice on overseas student and visitors cover, regulatory compliance of new products, legal approval of marketing materials including TV and radio, reviewing and drafting HPPAs, provider terms and conditions and agency arrangements.
  • Insurers including nib, HCF, Medibank Private, Allianz, The Doctors' Health Fund and CBHS on private health insurance regulatory issues.
  • Operators including Ramsay Health Care, Healthscope, St Vincent’s Health Australia, St John of God Health Care, Healthe Care Australia, UnitingCare Health and Cura Day Hospitals in relation to clinical service contracts with third party providers.
  • HealthDirect, NPS MedicineWise and other telehealth/online health services on compliance with health practitioner law, review of website and advertising, and advising on national and international regime for telehealth initiatives.
  • Health practitioners on Medicare audits and claiming requirements, health practitioner regulation, representing health practitioners in Professional Standards Review proceedings; advising on accreditation, credentialing and scope of practice.
  • Commonwealth Department of Health on modernising the Health and Aged Care Payments Services program