Regulatory Due Diligence

The Regulated Environment

Our team is at the forefront of major regulatory changes affecting the health and social care sector and has extensive experience of advising clients on a wide range of regulatory and commercial issues in the course of specialist transactional due diligence. We advise on targets operating in all UK jurisdictions providing services across the whole spectrum of the sector including:

•  adult social care (elderly and specialist residential and community services);
•  independent healthcare (primary, acute and mental health);
•  children’s social care and specialist education;
•  life sciences; and
•  digital health and med tech

Regulatory Due Diligence

We advise and report on a wide range of regulatory and commercial issues arising in the context of healthcare transactions whether sales, mergers and acquisitions, re-financing, or joint venture agreements. Our reporting provides clarity about the nature of the risks involved: For vendors, our reports provide clear information to support the sales process: if serious issues are identified we can assist clients in resolving them. For purchasers we provide clarity as to what is being acquired, the potential risks, their likely practical significance and the steps which can be taken to mitigate those risks.

Our due diligence reporting includes:

• whether appropriate registrations, licences and premises are in place
• compliance with requisite standards
• Inspection ratings, findings and action plans
• the status and potential outcomes of any enforcement action being taken
• the implications of NHSI licensing for independent health sector providers
• CQC’s Market Oversight regime for ‘difficult to replace’ providers
• issues under other regulatory regimes:
  • Health and Safety,
  • pharmacies and medicines regulation,
  • Safeguarding investigations,
  • Inquests
  • Inquiries and independent reviews
  • data protection and information governance,
  • vetting and barring of workers.
  • providers’ own processes for quality governance
  • and risk management.

Commercial Due Diligence

Our reporting covers commercial and contractual due diligence, including EU procurement and issues arising under competition legislation. This draws on our extensive experience of working on the full range of health and social care contracts including the NHS
National Standard Contracts (and sub-contractor flow-downs), healthcare PFI, primary and community care contracts, and a wide variety of Local Authority Framework Agreements, spot placement contracts and individual self funding arrangements. We can also
address medical insurance issues including liabilities and the appropriateness of cover.

Employer Due Diligence

• employment policies and terms and conditions
• performance management and employment litigation
• the implications of proposed organisational change
• pension issues

Delivery

We dovetail with other advisors acting on the deal and provide input on the regulatory aspects of warranties and other contractual protections in the transactional documents. To facilitate a seamless service to the client, our reports can be supplied on a stand alone basis or as ‘bolt-on’ annexes to other advisors’ reports.