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Healthcare and Pharmaceuticals
Overview
Cliffe Dekker Hofmeyr has one of the most experienced healthcare
and pharmaceutical legal practices. Our team fully understands the complexity
and regulatory frameworks of the South African general healthcare sector.
Health is one of the fastest growing sectors of our economy. This
will accelerate with our growing population, advances in treatments and
therapeutics, the growth in biotechnology, continuing consolidation of the
private hospital, health insurer and diagnostic sectors, and the increasing
interest in the sector being shown by investors, ICT vendors and other
suppliers.
To thrive in an era of such change, healthcare providers and
healthcare funders must be able to draw on advisers who are experienced in
several critical areas including: healthcare regulatory, transactional,
compliance, insurance, tax, competition (antitrust), dispute resolution,
litigation, intellectual property and technology.
Our clients are private hospitals, healthcare practitioner groups,
medical equipment suppliers, pharmaceutical companies, managed healthcare
providers, medical schemes, medical scheme administrators, insurance companies
and other organisations that provide or finance healthcare services. Our depth
of regulatory knowledge in the healthcare industry enable care legal
services.
We have an established track record of helping sophisticated
clients close complicated transactions and have have responded to the growth
and complexity of the healthcare sector. [ Go to Top ]
Services
- Advising on the structuring of group and multi-disciplinary
practices and the acquisition of interests in healthcare facilities by
healthcare professionals
- Drafting and advising on new healthcare legislation
- Advising and representing various medical schemes and medical
scheme administrators
- Advising various multi-national pharmaceutical groups in regard
to the proposed sale transaction which covered aspects relating to
pharmaceutical product registrations and licensing and supply agreements in
light of the provisions of the Medicines and Related Substances Control Act 101
of 1965
- Advising a large international manufacturer and distributor of
generic pharmaceuticals in relation to license agreements and supply and
distribution agreements in light of Medicines and Related Substances Control
Act 101 of 1965
- Advising entities in relation to applications for pharmacy
licenses
- Assisting hospital groups in making submissions in respect of
their code of conduct of the Health Professions Council of South Africa and the
Competition Commission
- Assisting hospital groups in their opposition to the proposed
amendments to the National Health Act which envisaged regulation of
hospitals
- Assisting hospital groups on health-related legislation
including the single exit pricing regulations in terms of the Medicines and
Related Substances Control Act 101 of 1965
- Assisting hospital groups from a corporate and contract law
perspective in the acquisition of hospitals and the establishment of new
hospitals
- Advising a global medical-technology company in negotiating its
exclusive distributorship agreements with Southern African companies, and all
aspects of its arrangements with its distributors
- Advising multi-national pharmaceutical and diagnostic systems
companies in connection with the conducting of clinical trials in South Africa,
in reviewing their clinical-trial agreements and informed-consent forms, and
adapting them for use in South Africa in accordance with applicable laws
- Acting for the largest pathology group in South Africa
regarding the disposal by a hospital group of its interest in the pathology
practice
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