Health Care

We advise and represent health care providers and their associations in all areas of their activities. We have particularly detailed and in-depth knowledge due to our long-term work in tariff questions and liability law.

Specialities

Tariff law
We advise and represent hospitals and other health care providers in the negotiation and setting of tariffs.  We regularly accompany our clients in negotiations. We carry out mandatory rate-setting and appeal proceedings before the appropriate authorities and courts, in particular before the Federal Administrative Court.  Within the framework of these activities we have acquired in-depth specialist knowledge of the legal assessment and presentation of tariff-relevant data (ITAR-K forms), e.g. with regard to the separation of costs for research and teaching or the separation of the costs of outpatient services compared with the costs of in-patient services etc. We are familiar with the rules for tariff-relevant performance audit (benchmark).

In addition to the actual tariff setting, we also deal with specific questions such as the legal review of tariff structures, the representation of service providers as against the Federal Social Security Institutions and the Federal Medical Tariff Commission (MTC), the review of tariff-supplemental decrees (Federal Council ordinances), cantonal hospital planning, the national planning of highly specialized medicine and with other topics.

Examples of our practical experience are:

  • Establishment of base rates according to SwissDRG: conduct of negotiations, monitoring of proceedings, representation in the appeal proceedings before the Federal Administrative Court
  • Establishment of tax-point values for TARMED and paramedical services
  • Verification of the legality of a Federal Ordinance by means of pilot processes
  • Enforcement of tariff claims by hospitals against the federal social security insurance and MTK by means of pilot processes
  • Advising hospitals in the development of internal models and processes for recording tariff-relevant cost items or separating tariff-relevant costs
  • Accompanying and representating of hospitals in the handling of claims for reimbursement due to subsequent tariff correction
  • Representation of freelance physicians in the defense against claims for reimbursement from health insurers due to comparatively high treatment costs

 

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Liability Law
We advise and represent health care providers in all liability matters, including the criminal law aspects. This includes advising on compliance aspects, including medicinal products regulations, data protection, environmental law or other regulations that are of particular importance for the medical industry.

Examples of our practical experience are:

  • Advising hospitals on drafting internal rules for accepting sponsorship for special projects
  • Advising hospitals on drafting internal rules for accepting external funding for training
  • Advising a hospital with regard to the execution of their legal authority as against senior doctors
  • Advising a hospital on internal procedures for passing on purchasing discounts when buying medicines
  • Advising a hospital on the development of internal rules for the receipt and distribution of private patient fees.


General corporate legal advice
We advise and represent hospitals, nursing homes and medical group practices in all matters of corporate structure, compliance, succession planning and tax law.

Examples of our practical experience are:

  • Restructuring of a non-profit hospital group with optimized tax planning
  • Advising hospitals on the drafting of contracts with attending doctors

 

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Contact

VISCHER AG, Zürich
Schützengasse 1, Postfach, 8021 Zürich
Phone +41 58 211 34 00

VISCHER AG, Basel
Aeschenvorstadt 4, Postfach, 4010 Basel
Phone +41 58 211 33 00

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