Healthcare Contracts Solicitors
Healthcare contracts solicitors prepare the agreements that private clinics, care providers, practitioners and suppliers use to deliver regulated health and care services safely and lawfully.
call 0207 100 2525 to speak to a specialist today. Available 24/7
Adam Bernard Solicitors drafts and reviews healthcare contracts that reflect CQC regulation, NHS procurement rules and the strict data protection standards that apply to patient information.
Healthcare contracts carry higher risk than most commercial agreements. A poorly drafted contract can leave a provider exposed to regulatory action, clinical liability gaps or data breaches involving special category health data.
Call 0207 100 2525 or book a free consultation — via Zoom, Teams, WhatsApp or Skype
Who We Act For
- Private clinics and medical practices, including aesthetics, dental, physiotherapy and diagnostics.
- Domiciliaryand residential care providers.
- Self-employeddoctors, consultants, therapists and locums.
- Healthcaretechnology and software suppliers.
- Medicalequipment and consumables suppliers.
- Subcontractorsdelivering NHS-funded services.
Healthcare Contracts We Draft and Review
The most common healthcare contracts are practitioner agreements, service agreements, NHS subcontracts, supply agreements and patient terms and conditions.
Practising privileges and consultant agreements – Setting out the terms on which independent practitioners use a clinic’s premises, staff and systems.
Locum and sessional agreements – Including clear employment status provisions.
Care service agreements with local authorities, families and self-funders.
NHS subcontracts that flow down the obligations of the head contract.
Medical equipment supply and maintenance agreements.
Patient terms and conditions for private treatment, including payment, cancellation and complaints.
Data processing agreements with IT, software and laboratory suppliers.
CQC Regulation and Your Contracts
Providers carrying on regulated activities in England must be registered with the Care Quality Commission and meet the fundamental standards, and their contracts should help them demonstrate compliance. Registration is required under the Health and Social Care Act 2008, and the fundamental standards are set out in the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. Contracts with practitioners and subcontractors should therefore cover:
Professional registration, indemnity cover and revalidation.
Compliance with the provider’s clinical governance, safeguarding and incident reporting policies.
Records management and access to records for audit and inspection.
Rights to suspend or terminate where patient safety is at risk.
Contracting With the NHS
NHS commissioners arrange most healthcare services under the Provider Selection Regime, while non-healthcare goods and services follow the Procurement Act 2023. The Health Care Services (Provider Selection Regime) Regulations 2023 govern how relevant NHS bodies and local authorities select providers of healthcare services. The Procurement Act 2023 applies to most other public contracts; the government publishes Procurement Act 2023 guidance documents. If you subcontract NHS-funded work, your subcontract must reflect the obligations in the head contract.
Patient Data in Healthcare Contracts
Health data is special category personal data under UK GDPR, so any contract that involves patient information needs robust data protection terms. Processing must comply with the UK GDPR and the Data Protection Act 2018. Where a supplier processes data on your behalf, a compliant data processing agreement is mandatory. Where two providers share records as independent controllers, a data sharing agreement is best practice.
Employment Status of Healthcare Practitioners
Calling a practitioner self-employed in the contract does not make them self-employed in law. Tribunals and HMRC look at the reality of the relationship, including control, personal service and integration. Getting status wrong can create tax liabilities and employment claims. See GOV.UK guidance on employment status and guidance on off-payroll working (IR35).
Key Clauses in Healthcare Contracts
- Scope ofservices, clinical standards and key performance
- Indemnityand insurance, including clinical negligence
- Safeguardingobligations and DBS
- Confidentialityand data
- Complaintshandling and cooperation with
- Suspensionand termination for patient safety
- Businesscontinuity and exit, including transfer of patient
Healthcare Contract Checklist
Before signing a healthcare contract, providers should confirm five points: regulatory responsibility, indemnity, data, safeguarding and exit.
Regulatory responsibility – Which party holds CQC registration for each regulated activity, and who is accountable for compliance.
Indemnity – That every practitioner has appropriate clinical negligence cover for the work they perform.
Data – That controller and processor roles are clear and patient records remain accessible.
Safeguarding – That DBS checks, training and reporting duties are allocated.
Exit – That patient care continues safely if the contract ends, including transfer of records and handover of ongoing treatment.
Getting these points right protects patients, supports inspections and reduces the risk of disputes between providers.
How Adam Bernard Solicitors Can Help
We draft healthcare contracts from scratch, review agreements offered to you through our contract review service, and prepare supporting documents such as NDAs and service level agreements for healthcare technology. See all our commercial contract services.
Call 0207 100 2525 (24/7) or book a free consultation to discuss your contract.
This page is for information only and does not constitute legal advice.
Frequently Asked Questions
Do private clinics need written agreements with self-employed practitioners?
Does a healthcare provider need a data processing agreement with its software supplier?
What rules apply when contracting with the NHS?
Do healthcare contracts need to reference CQC compliance?
Can a clinic terminate a practitioner's agreement for patient safety concerns?
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