Investments / PPP

Legal support of investment projects in healthcare

The investment process is always associated with risks. It is important for an investor to find the appropriate form of investment, mitigate risks and protect investments. The main thing is to achieve the investment goal.

Legal Alliance, with over 25 years of experience, has a unique industry expertise and is a recognized leader in supporting major pharmaceutical companies, medical facilities, and implementing international healthcare projects in Ukraine.

We offer comprehensive legal support for investment projects in the healthcare sector, both for investors and for local governments and state-owned (municipal) enterprises. In particular, interaction between business and the government can be carried out through the public-private partnership (PPP) projects, as well as in other forms, that will help to mitigate existing risks and get most of the benefits of investments.

PPP is a flexible and, most importantly, an effective tool for both investors and state-owned (municipal) organizations and enterprises, which has a number of advantages:

• the property remains in state (municipal) ownership;
• the investor gets the opportunity to own and use state (municipal) property without the need to redeem such property;
• the government (society) creates the necessary conditions for the provision of high quality services to the population without investing state (municipal) funds;
• private companies get the opportunity to receive guaranteed receipts (directly or indirectly) from the national budget, as well as from private individuals, in return on investment and receiving investment income.

SERVICES

For investors:

• Legal analysis of the investment facility, creation of the optimal form of investment, development of mechanisms to mitigate risks and protect investments. Depending on the state of the investment facility, providing recommendations on the investment strategy, possible changes in the business plan, and others;
• Legal and organizational support of the investor, starting with the development of an investment proposal for the launch of the facility, namely, representing the investor's interests in relations with state/municipal authorities of all levels, as well as in negotiations with other enterprises and organizations;
• Legal support of the investor in tenders, competitions, public procurement, licensing, certification and others. During the preparation and implementation of the investment project in the healthcare sector, many specific regulatory issues arise that we will help to solve;
• Involvement of other partners (if necessary) in order to increase the efficiency of the investment project, media support, cost optimization, and others;
• Support of activities means providing legal support, consulting on operational activities, compliance issues, and others, after starting the project.

For local governments and state-owned (municipal) enterprises:

• Assistance with the preparation of documents related to various forms of public-private partnership;
• Representation and protection of interests both in court and out of court;
• Support for the implementation of the project of public-private partnership, including ensuring control over compliance with legal requirements, analysis and monitoring of investors, contractors and subcontractors.

EXPERIENCE (some of recently completed projects)

• International investment projects in the healthcare sector

Support for entering the Ukrainian market of an international company that provides services in the healthcare sector and related services, with the aim of investing in the healthcare sector in three technically and medically complex areas. Legal Alliance proposed options for the implementation of investment projects and completed one of the PPP options – a concession, with the following approach: (1) The investor contributes his managerial experience in the project, allocates funds for the repair of the relevant municipal premises and their equipment with modern medical equipment, gradually returns his investment and, after some time of implementation of his business plan, transfers the modernized facility of the concession to the society; (2) The community receives high-quality medical services, which are mainly financed under agreements between the relevant hospital and the National Health Service of Ukraine (NHSU), a renewed medical infrastructure and new jobs.

Legal support also included the opening of the investor's subsidiary in Ukraine, preparation of all legal documents, support of operating activities. The project continues and is actively developing in all planned directions.

• Entering the Ukrainian market of an international pharmaceutical company

Legal support of a European pharmaceutical company entering the Ukrainian market with dermatological products. The team of Legal Alliance carried out a search for a Ukrainian startup, which received the rights of exclusive distribution of the company's products, legal and organizational support for the transaction, as well as subsequent support for the project's operational activities. The project continues to develop.

• Modernization of municipal hospital's operation

Helping an investor modernize a district hospital, being reformed into the municipal non-profit enterprise and was in dire financial condition. Working out of recommendations for improving all key processes of the hospital, in particular, regarding: optimization of the organizational structure and increasing labour efficiency; introduction of a list of paid medical and non-medical services to generate income; cooperation with insurance companies and providing an appropriate level of service; consolidation of property and financial resources by creating a municipal economic association by several enterprises; optimizing production functions and involving third-party suppliers or charities for specific functions; modernization of the remuneration system; investment raising for modernization and development, provision of the latest medical services and others.

• Pharmaceutical company, Canada: market entry, business closure, liquidation

Support to a Canadian pharmaceutical manufacturer, one of the leaders of the North American pharmaceutical industry, entering the Ukrainian market in 2012 - establishment of a representative office, development of a business concept in Ukraine, distribution agreements, complete internal documentation and building a comprehensive compliance system, assistance in registering pharmaceutical products in Ukraine. Subsequently, the client decided to sell his business in Ukraine and close its own operations in the region. Legal Alliance provided a comprehensive due diligence support and, subsequently, supported the liquidation of the representative office.

• Pharmaceutical company, Switzerland: launch of a representative office, restructuring

Launch of the Swiss Pharmaceutical Company's representative office in Ukraine in 2016 - establishing a representative office, drafting all necessary internal documents and contracts, and development of all internal business processes. In 2021, we restructured the Ukrainian representative office, reduced the number of staff, and provided the necessary organizational and legal support to comply with labor laws.