Clifford Chance
German draft bill proposes restrictions for medical care centres (MVZ)
29 September 2018
The current draft bill, adopted by the German government on 26 September 2018, proposes changes to the regulation of medical care centres (Medizinische Versorgungszentren, "MVZ") that might have considerable implications for investments in MVZ structures by private equity investors and healthcare companies in Germany.
Key issues
- The current draft bill proposes several changes to the regulation of medical care centres in Germany
- For private equity investors and healthcare companies, the suggested limitation of certain dialysis services to only set up and operate medical care centres in the same area of specialisation is likely to have the greatest impact
- The ability of other entitled entities, e.g. authorised hospitals, to set up and operate MVZs in any area of specialisation, however, is not affected
- MVZs set up and authorised by providers of dialysis services prior to the entry into force of the new law will enjoy certain safeguards under general grandfathering principles
- Further expansion and potentially exit expectations might be adversely affected
- As the bill is likely to be modified during the legislative process, definite clarity on concrete implications of the new law will only be achieved in the next months during the various steps in the process.
