Health and Aged Care Law Definition
By virtue of being sector focused, Health and Aged Care Law covers a diverse range of laws. Solicitors practising in this industry may specialise in one area or may provide assistance in many areas. Typically, the type of legal assistance which solicitors who practice in this industry may provide, include:
- Medico-legal and common law advice which covers the broad area of patient/resident related law including consent, not for resuscitation and duty of care issues.
- Legislative and regulatory advice and interpretation. The health and aged care sector is highly regulated. Regulatory assistance will cover not only compliance with industry specific legislation (such as health insurance, data protection, eHealth, and privacy) but also interpretation of more general corporate related legislation including occupational health and safety, taxation, and employment related Acts and Regulations.
- Contracting and commercial drafting, negotiation, and advice. This may involve drafting and reviewing all forms of agreement which participants in the sector are required to enter into including funding agreements, resident agreements, co-location agreements, construction contracts, supply contracts, tertiary affiliation agreements, information technology agreements, clinical trial and research agreements, clinical and non-clinical service agreements and leases and licences.
- Sale and purchase of businesses, assets, and property.
- Advice relating to intellectual property and commercialisation of research.
- Corporate and staffing structuring advice to ensure compliance with licensing and regulatory obligations.
- Tendering, probity, and outsourcing advice in relation to clinical and non-clinical outsourcing arrangements.
- Dispute resolution and investigation assistance, including handling patient/resident complaints, resolving commercial disputes, staffing issues and regulatory disputes, responding to statutory investigations and also acting as independent investigators.
- Coronial investigation assistance and representation including providing advice throughout the coronial investigation process, case assessment and recommendations for management, preparation of statements for the Coroner, and representing providers and staff at a coronial inquest.
- Policy and procedure drafting to ensure regulatory compliance, including policies on handling personal and health information, consent, and other patient/resident related issues.
Clients in the Health and Aged Care are also varied and include:
- Health care providers, including public and private hospitals and health services, community health centres, community service organisations, general practice and allied health groups, diagnostic providers, patient transport companies, health care professionals
- Aged care operators and providers including aged care professionals
- Indemnity and health fund insurers
- Health professional representative groups
- Government and statutory authorities
- Professional colleges
- Facility and property developers
- Information technology companies
- Pharmaceutical, consumables, and equipment companies
- Health and aged care industry advocacy and peak bodies