I grant the specialized legal assistance to the physicians who want to dispose of their private medical practice smoothly and safely. I will assist you if you intend to open your own consulting room, if you intend extension of the already operated medical practice or if you intend to terminate your practice and to transfer your consulting rooms legally flawlessly to your successor.
Devote your time to the medicine, transfer your legal affairs onto us with confidence.
What can I assist you with
- representation in negotiations with the prospective buyers/sellers of a medical practice
- representation in negotiations with the regional authority and with health insurance companies
- conversion of your medical practice to the company limited, if you decide so
- preparation of the complete contract documentation necessary for transfer of your practice
- opening of a special deposit (attorney-at-law deposit) account for the financial performances following from purchase or sale of your practice, where the funds will be stored safely and transparently until the process of transfer of the medical practice is completed.
What am I based on
Transfer of the medical practice itself can be realized mainly by the purchase agreement or plant purchase agreement. The legal framework of the issue of medical practice is regulated mainly by the Act No. 89/2012 Sb., the Civil Code, as amended, the Act No. 90/2012 Sb., on business corporations, as amended, the Act No. 372/2011 Sb., on health services, as amended and the Act No. 48/1997 Sb., on public health insurance, as amended.
Material legislative changes have been implemented from the effective date of 1 September 2015. If the medical practice is transferred by the physician, being the natural person (and this physician asks the regional authority to withdraw the licence for rendering medical services), they could become the subject of transfer of the rights and duties following from the agreements made with the health insurance companies. With the physician – the legal successor (who asks the regional authority together with the physician – transferor, in this case to issue the licence for rendering health services), the health insurance company must execute a new contract on rendering and settlement of the health services, namely within 180 days from the date of delivery of the relevant application to the health insurance company. The contracts with the physician – successor must be executed within the same scope like those executed by the relevant health insurance company with the physician – transferor, i.e. the physician who has sold the medical practice to the physician – successor. The following legislative changes are considered very practical; they consist of the obligation of the health insurance company to pay to the physician – successor for the health services settled from the health insurance even without the executed contract and this obligation of the health insurance company lasts for 210 days from the day when the health insurance company accepted application of the physician – successor for issuing a new contract with the health insurance company.
It is still possible (and from the point of the physician – successor who starts his professional carrier even more advantageous) that the legal entity is provider of the health services. Even in this case transfer will be smooth – provider of the health services is all the time the same, only the partner is changed. Towards third entities (mainly the regional authority and health insurance companies) nothing is changed from the point of the running practice. The physician – successor either becomes a new sole partner or enters as another partner (one part of the share/ownership interest in the company limited will be purchased) and the medical practice will thus be exercised by both physicians (a suitable solution for the so called family medical practice or for the so called two-phase exit of the physician – transferor).
3 reasons why to consider conversion to the company limited
1. Quicker transfer of the medical practice
The physician running the medical practice through its company limited sells its consulting room, based on the agreement on transfer of the share/ownership interest in the company limited. It is necessary neither to invite the tender procedure nor to make new contracts with health insurance companies – the company limited as provider of the health services is holder of the identification number of the facility (IČZ) and not the physician who sells the medical practice.
2. Lower tax burden
The physician who sells its ownership interest in the company limited after more than 5 years from the moment of entering into the company does not pay the income tax – in this case the income from sale of the ownership interest in the business corporation is exempted from the income tax pursuant to § 4 (1) (r) of the Income Tax Act
3. Reduction of the business risk
The physician running the medical practice through its company limited is not responsible for the arisen obligations by its whole personal property, whilst the physician running the some activity as the physical person is liable by its whole personal property.
Legal services in this sector are provided in the territory of the whole Czech Republic. We will be happy to give you further information. Please feel free to contact me.