Sector
Healthcare
Commercial legal advice for doctors, dentists and healthcare operators — practice acquisitions and sales, practitioner arrangements and premises.
Legal advice for medical and healthcare businesses
A healthcare practice depends on more than its premises and equipment. Practitioner relationships, access to records, patient continuity and the way the business earns revenue all need attention when ownership or operating arrangements change.
Baystone Legal advises doctors, dentists, allied health operators and investors on practice purchases and sales, business structures, practitioner agreements and leasing. We focus on the commercial legal arrangements and coordinate with your financial and other advisers.
The relevant profession, services and jurisdiction matter. Practitioner registration, practice accreditation and any facility requirements are distinct issues; a business purchase does not automatically transfer every permission or provider arrangement.
Healthcare transaction services
Medical Practice Acquisitions & Structuring
Specialist & Practitioner Agreements
Pharmaceutical & Life Sciences
Allied Health & Dental Networks
Healthcare Real Estate & Facilities
Regulatory Compliance & Accreditation
Define what is being bought or sold
We review the proposed asset or share transaction, sale terms, material contracts, ownership of equipment and intellectual property, employee obligations and liabilities. Conditions, warranties and completion arrangements should reflect what the buyer needs to operate after settlement.
Practitioner retention, service agreements and any transition assistance deserve early attention. Your accountant or independent valuer assesses the financial performance and price; we advise on the legal terms rather than publish a generic earnings multiple.
Practitioner agreements and business structures
Employment, contractor and service-entity models can create different obligations. We review fees, use of facilities, responsibilities, confidentiality, termination and proposed restraints against the actual arrangements, not just the contract label.
Employment law, superannuation and state payroll tax treatment may require separate assessment. Registration and professional obligations also need to be respected. Commercial agreements should not compromise clinical independence or assume that every restraint will be enforceable.
Patient records and continuity of care
Health information is sensitive. Access during due diligence and arrangements for records after completion should address privacy law, security, retention, patient communications and any necessary consent. Patient records should not be treated as an unrestricted sale asset.
The parties should agree who holds the records, who can access them and how patients continue to obtain care and their information. Applicable Commonwealth and state or territory rules need checking for the practice; we do not provide clinical or accreditation assessments.
Premises, consents and completion planning
A practice acquisition may depend on assignment of the lease, landlord consent or a new premises agreement. We review permitted use, term and options, fit-out, equipment arrangements, repair and make-good obligations, and changes triggered by a new owner.
Start with the proposed sale terms, entity structure, practitioner agreements and lease. Identify any registration, accreditation, billing or facility issue early so the right advisers can confirm what must happen before completion. The required scope depends on the services being provided.
Baystone Legal
Discuss your practice purchase, sale or arrangements
Tell us about the profession, business structure, practitioners and premises involved, and whether you are negotiating a transaction or reviewing ongoing agreements.
Frequently Asked Questions
What legal due diligence is needed for a practice acquisition?
The scope depends on the practice and structure. It may include entity ownership, contracts, practitioner and employee arrangements, premises, equipment, intellectual property, disputes and records-handling arrangements. Relevant registration, accreditation, billing and facility requirements should be identified for specialist confirmation where needed. Financial, tax, clinical and valuation reviews are separate from legal due diligence.
Do provider numbers and professional registrations transfer with a practice?
Do not assume they do. Practitioner registration and provider or billing arrangements may attach to a particular person, entity, location or service and have their own requirements. The purchaser should confirm the applicable steps with the relevant body before completion. A sale contract cannot itself confer a professional registration or billing entitlement.
Are practitioners always independent contractors?
No. The written agreement and the applicable legal test must be considered, alongside how the relationship operates where relevant. Employment, superannuation and state payroll tax rules can produce different outcomes. Calling an arrangement a service agreement does not settle every issue. Obtain advice on the particular model before relying on it.
Can patient records be handed over to the buyer?
Not without considering the applicable privacy and health-records obligations. The transaction needs a lawful basis for disclosure or transfer, appropriate security and arrangements for access and retention. Patient notification or consent may be required depending on the circumstances. Access during due diligence also needs to be controlled; a confidentiality agreement alone is not a complete privacy solution.
Can a non-practitioner own a healthcare business?
Some business models permit non-practitioner ownership, but the answer depends on the profession, services, structure and jurisdiction. Ownership does not authorise an unregistered person to practise a regulated profession. Clinical independence, facility requirements, professional obligations and billing arrangements need separate consideration before choosing a structure.
Our Team
Lawyers with expertise in this area
