Lawyers to advise liberal health professions

●Corporate and business law in the healthcare sector

●Structuring of healthcare establishments

●Advice for healthcare professionals

Are you a dental surgeon, a nurse, an obstetrician-gynecologist, or a dermatologist? Do you wish to start your activity in an individual practice or within a group structure? Are you looking for a lawyer serving liberal healthcare professionals to assist you in your procedures? Are you facing a dispute with a patient, a colleague, or the Primary Health Insurance Fund (CPAM)?

As an ophthalmologist specialist, are you the subject of a complaint before your professional Order? Are you facing a warning, a reprimand, or a suspension by the disciplinary chamber? Our firm Macfarlanes LLP, competent in health law, is by your side to advise and defend you.

Lawyer serving liberal health professionals during a review of their activity

Article L. 315-1 of the Social Security Code, supplemented by its implementing decrees, organizes a medical check-up covering medical elements. This check-up conditions the attribution and provision of sickness, maternity and disability insurance benefits, as well as benefits under the Code of Social Action and Families. It aims to detect abuses relating to care, prescriptions for work stoppages and the pricing of procedures and benefits.

With the creation of Social Security, this control, established in 1945, acts as a counterbalance to the freedom of prescription of doctors. However, the powers granted to the public administration to conduct these investigations may sometimes appear excessive or disproportionate.

To rebalance this situation, the legislator introduced in 2004 a fundamental guarantee in paragraph IV of Article L. 315-1, stipulating that these procedures must respect the rights of the defense. The investigation procedure conducted by the CPAM or the MSA on acts billed by a healthcare professional must adhere to an adversarial framework.

It includes the prior delivery of a charter to the practitioner under review to inform them of their rights and obligations. This gives the latter the opportunity to present their observations to the health insurance fund (CPAM or MSA). From this stage, the assistance of a lawyer proves invaluable, particularly in cases of administrative zeal, serious anomalies, or repeat offenses.

Our lawyers serving liberal healthcare professions then guarantee the regularity of the procedure, for example by ensuring compliance with control deadlines or defense rights.

We guide you through every step of the activity audit conducted by the medical services of the Social Security system:

analysis and response to the activity control notification letter;
drafting of observations in response to the statement of objections;
preparation and follow-up in the event of a complaint.

We also assist you during the adversarial interview with the local level of the CPAM medical service. On this occasion, we help you respond point by point to the anomalies identified. If the procedure evolves towards a contentious phase, we represent you before the competent social insurance sections, regardless of the geographical jurisdiction, including before the national section on appeal.

Lawyer serving liberal healthcare professionals for applying for administrative authorization

Self-employed healthcare professionals regularly face administrative procedures to practice their activity in compliance with legal and regulatory obligations. These formalities include requesting authorizations from the Order of your liberal profession or from the public administration, notably the Regional Health Agency (ARS).

They can be tedious and technical, requiring special attention to avoid refusals or delays that could compromise professional activity. For example, a declaration of a separate site may require the provision of precise supporting documents to the Order of Physicians and compliance with strict regulatory criteria.

Our team helps you build a solid and complete file to meet the requirements of the competent authorities. Whether for a declaration of a separate site or a request related to the modification of the conditions for exercising your activity, we support you in complying with the required formalities. If your request is rejected, our lawyers for liberal health professions intervene to contest the decision.
We formulate and file administrative appeals with professional orders or ARS, highlighting the legal and factual elements favorable to your situation. If the administrative appeal fails, we represent you before the competent judicial bodies. This may include the Appeals Section for professional orders or the ordinary administrative courts for disputes with the public administration.

Lawyer serving liberal healthcare professionals: organizing your practice structures

For liberal healthcare professionals, the legal organization of their activity is a fundamental step that directly influences their success and daily peace of mind. Choosing an appropriate structure not only meets legal requirements but also optimizes activity management, secures professional relationships, and ensures a clear distribution of responsibilities.

In this regard, our lawyers serving liberal healthcare professionals are your best allies to guide you in setting up a sustainable structure. The choice of legal form determines the applicable tax regime, the methods of income sharing, as well as the protection of personal assets in case of financial difficulties.

Our team of health law experts analyzes your professional goals and the specifics of your activity to offer you a tailored solution. Whether you are a specialist in reconstructive, plastic, and aesthetic surgery, cardiology, dermatology, ophthalmology, obstetrics-gynecology, or anesthesiology-intensive care, contact our law firm.

Our experienced corporate law attorneys in the healthcare sector will help you establish:

liberal practice companies (SEL);
professional civil companies (SCP);
Sociétés Civiles de Moyens (SCM);
economic interest groupings (EIG).

The articles of association and internal regulations form the legal foundation of your clinic. That is why our firm ensures their precise drafting and compliance with legal requirements, while providing adapted clauses to prevent conflicts between partners. We handle procedures with professional orders, registries, and competent administrations to guarantee smooth registration that complies with the rules of your profession.

Lawyer serving liberal health professions: management of contractual relations with healthcare establishments

Nurses, midwives, and gynecologist-obstetricians frequently collaborate with healthcare establishments for the provision of services. These relationships, essential to their activity, require legal security to prevent any disputes. Our lawyers serving liberal healthcare professionals support you from negotiation to conflict resolution.

The contracts governing collaborations with healthcare establishments define the rights and obligations of each party. They directly impact the organization and sustainability of the practitioner's activity. Moreover, the specific legal and regulatory requirements of the healthcare sector make these contracts particularly sensitive.

Each clause must be carefully examined to ensure it complies with applicable standards and protects the interests of the professional in liberal practice. Our lawyers draft or review collaboration, service provision, or partnership contracts, taking into account your objectives and professional environment.

Certain clauses, such as those relating to exclusivity, professional liability or relocation, require special attention. We ensure that they are drafted in a way that prevents legal risks and promotes serene and lasting relationships. In the event of a disagreement with a healthcare establishment, we assist you in amicable negotiations to find a favorable outcome.

Lawyer serving liberal health professions: management of transfers of practice rights

The transfer of patient base or medical practice is a strategic and delicate operation in the career of a liberal healthcare professional. This process involves not only financial and organizational stakes, but also compliance with a rigorous legal framework. To secure each step and maximize the value of your activity, our lawyers serving liberal healthcare professionals put their expertise in business law at your service.

Whether it concerns patient base or a clinic, the transfer of practice rights represents much more than a financial transaction. It determines the continuity of care for your patients, the sustainability of your reputation, and, in some cases, the future of a health center or professional structure.
Our health law lawyers help you negotiate the terms of the transfer with the buyer, whether a colleague, a clinic, or another entity. Our firm ensures the protection of your interests, particularly in terms of financial valuation and transfer conditions. We draft the transfer deeds in compliance with legal and ethical rules.

Furthermore, we coordinate administrative procedures with the competent authorities (professional order, ARS, etc.) to ensure a smooth transition. When necessary, we intervene to formalize the transfer of exclusivity and organize the presentation of the successor to the relevant establishment, ensuring compliance with contractual and legal obligations.