Commercial and outsourcing for health
We have a large team of experienced lawyers supporting nationally and internationally (cross border) on commercial, contractual and outsourcing projects for local, national and international health and life sciences clients across the public sector, independent sector third sector, central government bodies and suppliers to the market.
Our team advises on everything from 'business as usual' terms and conditions, non-disclosure agreements (NDAs), contracts and memoranda of understanding (MoUs) to long-term outsourcing arrangements, partnering and joint ventures, and high-value commercial and statutory transactions.
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.
- Specialist commercialisation support: Our NHS Spin-out as a Service model provides public sector innovations with a pathway from concept to a scalable company.
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.
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 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 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.
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 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.
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.
NHS Spin-out as a Service
The challenge
NHS and public sector innovations often struggle to scale due to regulatory complexity, unclear IP ownership, fragmented support, and limited technical capability.
Our solution
Our Spin-out as a Service model – delivered in partnership with Blüm Health – addresses this by providing a complete pathway from concept to scalable company, combining legal, technical, and commercial expertise in one co-ordinated model.
What clients receive
Clients receive an investor-ready entity with protected IP, regulatory clearance, a go-to-market roadmap, sustainable governance structures and a secure technology platform.
How we work with you
Our engagement model follows three clear stages:
- Diagnose: Assessment and readiness (4-6 weeks).
- Build: Formation and delivery (6-12 weeks).
- Scale: Launch and growth (ongoing).
Results
This structured approach delivers up to 40% faster timelines, improved investor confidence, reduced risk, and higher early-stage valuations.
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
You may be interested in...
Promoting commercial thinking within the NHS
The CMA is watching private dentistry: Indemnifiers and insurers should too
Maximising commercial revenue for the NHS: Post-event summary
Browne Jacobson comments on NHS Confederation report
Comprehensive guide to NHS wholly-owned subsidiaries
Top 10 legal considerations for NHS subsidiaries
Browne Jacobson advises Office for Life Sciences on £85m programme to tackle obesity
Browne Jacobson advises US life sciences firm on international expansion deal
Modification of public health contracts and routes to challenge a modification that is not permitted
Maximising commercial income for the NHS
Comments on the Prime Minister’s NHS plan
PPU roundtable 1: Expanding your private patients unit roundtable
King’s Speech 2024: Reaction from Browne Jacobson lawyers
NHS England publishes updated guidance on NHS subsidiary companies
Browne Jacobson advises Care Fertility Group on acquisition of CRGW
Reaching cloud nine? Public procurement for cloud-based services
Commissioning Health Tech in an ICS World
We invite you to watch our on-demand webinar which looks into how healthtech is commissioned from a health and tech perspective.
The UK Hydrogen Strategy: Benefits for the Health Sector
The case for low carbon hydrogen in hospitals and other healthcare facilities, and what the Government is doing to deliver on low carbon hydrogen production.
Contracting with government - the 'playbook' and direction of travel
Health technology: digital therapy by prescription
The healthtech sector has been on the rise for years, changing the traditional ways for patients to interact with healthcare.