Commercial advice

Our Commercial team is at the forefront of the changes affecting the structure of the NHS and the wider health and social care market. Our commercial lawyers have a unique blend of corporate experience and healthcare specialisms which means that we are unrivalled in terms of the breadth of expertise that we can offer you in regard to NHS work, care homes, GPs or in the independent sector.

We understand the unique challenges and opportunities which face healthcare providers, commissioners, and regulators and so can best leverage the complex interplay of guidance and policy on the legal issues which affect you. Working to find pragmatic solutions for organisations that are focused on the tightening economic climate and changing policy landscape, we can provide cost effective cutting-edge, bespoke solutions.

One thing I really admire about everyone at Capsticks is that you go that extra mile.

Candy Robbins, Chief Executive, Horizon Health

Our areas of expertise include:

  • Commercial contracts

    We regularly deal with commercial contracts between NHS bodies and third parties. We have a specialist team dealing with issues relating to the NHS standard contracts (acute, ambulance, mental health and community services) and APMS, GMS and PMS agreements dental care agreements, polysystems and information and procurement agreements for healthcare services. We also increasingly support the independent healthcare, housing, GP, Care home and emergency services sectors.

  • Outsourcing and joint venturing

    Our outsourcing team increasingly works on a wide variety of joint ventures, shared services and partnering arrangements, for example we can help you deliver the QIPP agenda for your organisation. In a landscape where there is increasing pressure on NHS organisations to reduce costs and improve performance, it is important to structure your deal correctly so that costs don’t spiral. We will help you structure a deal that achieves productivity gains and delivers value whether it relates to pathology, decontamination, estates, shared back office functions, local authority arrangements, information sharing or shared clinical provision.

  • Performance/contract management

    We increasingly advise on third party supply chains. Our dedicated Primary Care team is vastly experienced and can handle all aspects of the management of performers and pharmaceutical lists and advising on the relationship between NHS commissioning organisations (including CCGs and NHS England) and doctors, dentists, pharmacists and optometrists. This advice ranges from advising on local procedures and investigations through to dealing with applications to join a relevant list and the grounds on which it can be refused, as well as suspension, applying conditions and ultimately removal of a practitioner.

  • Procurement & bidding

    The landscape of procurement is changing at an unprecedented pace. Today, the Procurement Guide for Commissioners of NHS funded Services and the Health Bill emphasise the importance of procurement and competition, especiallywith independent health and social care providers (non NHS providers).

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Contact Jamie Cuffe