Commercial income generation for the NHS
Commercial and outsourcing for health
We advise NHS trusts, foundation trusts, independent providers and healthcare businesses on the full range of commercial and outsourcing transactions, from complex service contracts and joint ventures to procurement, supplier arrangements and long-term outsourcing agreements.
Our team supports clients nationally and internationally (cross border) across the public, independent and third sectors, as well as central government bodies and suppliers to the health and life sciences market.
Our work spans the full spectrum of health and care commercial arrangements, including:
- Integrated care arrangements and group models.
- NHS Standard Contracts, primary medical, dental, pharmacy and ophthalmology contracts.
- NHS private patient facilities and stand-alone private hospitals, practising privileges and consultant service arrangements.
- Managed equipment services (MES), outsourcing and back-office function contracts.
- Collaboration and delegation arrangements, including s75 partnership and Better Care Fund agreements.
- All commercial contracts and terms and conditions for goods and services.
- Large scale outsourcing agreements.
- Income generation including private patient units within NHS organisations, grant agreements, the commercialisation agenda and research and innovation collaborations.
Our sector specialism means we advise not just on the legal requirements, but also on the surrounding sector-specific issues, pressures and policy context - and our experience across both the public and independent sectors is invaluable where those worlds intersect.
Why choose us?
- National scale, trusted advisors: We act for over 100 NHS bodies, around half of all ICBs, more than 150 local authorities and over 250 independent healthcare providers.
- Deep sector specialism: Health and life sciences makes up around 20% of the value of our business. Our team draws on seamless support across NHS procurement, HealthTech, MedTech, data protection, competition, regulatory, HR and project management.
- Shaping policy and practice: We work with governments in the UK and internationally to shape health and social care policy, passing the benefit of that knowledge on to our clients.
- Flexible service delivery: Our innovative Instant In-House offering places us as an adjunct to clients' in-house legal teams, providing flexible, sector-specialist resource.
- Influencing NHS transformation: We have co-authored publications with key healthcare bodies such as NHS Providers, NHS Confederation and the NHS Transformation Unit covering topics such as provider collaboration, integrated health organisations and neighbourhood health.
Commercial and outsourcing services for health
We advise on s75 partnership agreements, Better Care Fund arrangements, joint committee structures and collaboration agreements between NHS bodies, including for back-office, estates and facilities functions.
We have advised on first-of-their-kind arrangements under the Health and Care Act 2022, with other systems now looking to replicate these models to release substantial cost savings.
We advise on the NHS Standard Contract and related sub-contracts, and all primary medical (GMS, PMS, APMS), dental (GDS, PDS), pharmacy and ophthalmology contracts, as well as resolving complex disputes arising from primary care contract terms.
We support clients with non-clinical arrangements from simple SLAs and MoUs through to MES contracts, outsourcing arrangements for back-office functions and discrete services such as pathology testing and air ambulance subcontracting.
We advise on the creation of private patient facilities, practising privileges arrangements and consultant service contracts, as well as supporting NHS Foundation Trusts with plans to expand private patient services to generate additional income for the NHS. Our work also covers income generation arrangements, grant agreements and research and innovation collaborations, bringing multi-disciplinary expertise across service delivery, IP, data, property and employment to novel arrangements in the health and life sciences sector.
We support NHS and private sector healthcare clients to export their expertise and educational and consultancy services internationally, including advising on affiliate agreements across multiple jurisdictios. We also advise new entrants to the UK health market.
We advise on s75 partnership agreements, Better Care Fund arrangements, joint committee structures and collaboration agreements between NHS bodies, including for back-office, estates and facilities functions.
We have advised on first-of-their-kind arrangements under the Health and Care Act 2022, with other systems now looking to replicate these models to release substantial cost savings.
We advise on the NHS Standard Contract and related sub-contracts, and all primary medical (GMS, PMS, APMS), dental (GDS, PDS), pharmacy and ophthalmology contracts, as well as resolving complex disputes arising from primary care contract terms.
We support clients with non-clinical arrangements from simple SLAs and MoUs through to MES contracts, outsourcing arrangements for back-office functions and discrete services such as pathology testing and air ambulance subcontracting.
We advise on the creation of private patient facilities, practising privileges arrangements and consultant service contracts, as well as supporting NHS Foundation Trusts with plans to expand private patient services to generate additional income for the NHS. Our work also covers income generation arrangements, grant agreements and research and innovation collaborations, bringing multi-disciplinary expertise across service delivery, IP, data, property and employment to novel arrangements in the health and life sciences sector.
We support NHS and private sector healthcare clients to export their expertise and educational and consultancy services internationally, including advising on affiliate agreements across multiple jurisdictios. We also advise new entrants to the UK health market.
Featured experience
Imperial Affiliate Network programme
We advised Imperial College Healthcare NHS Foudation Trust on its International Affiliate Network, which sees Imperial exporting its expertise and educational and consultancy services to other parts of the world. We advised on affiliate agreements with partners in Ethiopia and Greece.
National Care Home Group
Review of redraft of their resident contracts to ensure compliance with the CMA guidance and an audit of their website and procedures.
Sygnature Discovery
Assisting this drug discovery company through our Instant in house offering including the redrafting of its MSA, terms and conditions and production of a playbook.
NHS Black Country
Advising on acute hospital provider collaboration at scale and place-based partnerships including governance and contracting arrangements for integrated health and social care.
Supporting NHS trusts to realise their commercial potential
The pressure on NHS finances has fundamentally changed the conversation around commercial income. For many trusts, the question is no longer whether to pursue commercial activity, but how to do so in a way that is legally sound, financially sustainable, and aligned with their core mission.
Our team has developed a set of structured advisory products specifically designed for NHS trusts at different stages of their commercial journey, from initial opportunity assessment through to the creation of investor-ready spin-out companies. These sit alongside our broader transactional legal work, providing trusts with a clear starting point before moving into the more detailed contractual and structural work that commercial activity requires.
Whether your trust is considering its first steps into income generation or looking to scale existing activity, our advisory products can help you identify the right opportunities, understand the legal and regulatory parameters, and build a board-ready plan for moving forward.
Thought leadership
Advancing inward investment into the UK health sector
"Our report, in partnership with Healthcare World, reveals NHS inward investment opportunities and barriers, with practical recommendations for sustainable healthcare growth."Read more
Towards integrated health organisations
Considerations for policy and NHS leaders
"Our firm worked with the NHS Confederation on a report, which provides the first detailed breakdown of what integrated health organisations are and how they can be effective. "Read more
Collaborative care
Creating value from scale
"We worked with the NHS Transformation Unit to explore provider group models. The report offers guidance on how trusts can develop group models that help them to balance responsibility “at-scale and at-site”."Read more
Provider collaborations
A practical guide to lawful, well-governed collaboratives
"In partnership with NHS Providers, we created a guide to help trusts navigate key governance considerations, principles and legal models when establishing or reviewing collaborative arrangements. "Read more
Related expertise
Key contacts
Carly Caton
Partner
Rebecca Hainsworth
Partner
Taylor Berzins
Associate
Viney Jhalley
Senior Associate
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