Structuring live-in care on a sound legal footing.
Read the case studyHome Care
We advise outpatient care services, providers and investors in the healthcare sector on licensing, reimbursement, employment law and transactions.
From licensing and ongoing reimbursement to a sale: we know the mechanics of the German long-term care system (SGB XI) and the issues that really cost your business money and time.
Capital and staff in the care market have long come from abroad. We work in both directions and speak the language of both sides.
German Companies Abroad
For providers recruiting or expanding in other European countries, we map out the legal framework.
International Companies in Germany
We guide foreign investors and operators entering the German care market.
In a care business, success is not decided in the care itself. It is decided on reimbursement, staff and billing.
We combine the SGB XI system with corporate, employment and transaction law. You do not need three different firms for licensing, staff and a sale.
Care rate and reimbursement negotiations decide your margin. We know how the funds argue and prepare your position so that it holds.
We advise foreign investors and operators in English and translate German care and regulatory law into decisions they can act on.
You speak with the lawyer handling your case, not with a changing team line-up. Short paths when an audit or a deal is coming up.
Let's talk through your situation. In a first conversation we identify where the legal leverage lies and how we proceed.
The basis is the care provision agreement under section 72 SGB XI, which you conclude with the regional associations of the care insurance funds. Requirements include a responsible qualified care professional, compliance with the framework agreements under section 75 SGB XI and proof of suitable structures. We review the requirements, prepare the documentation and support the negotiation with the funds.
It can be set up on a sound legal footing, but it has pitfalls. The case law of the Federal Labour Court makes clear that posted care workers are entitled to the statutory minimum wage, including for on-call time. What matters are clean contracts between household, agency and worker, a valid A1 certificate and documented working and rest times. We structure these models so that back payments and fines are avoided.
Valuations in the care market are based on sustainable earnings and often fall within a range of several years of EBITDA; the exact level depends on size, location mix and staffing. In due diligence, investors look particularly at the durability of the care provision agreements, the employment contracts and the billing practice. We prepare your business for this scrutiny and run the transaction.
Yes. An acquisition by foreign investors is possible, but licensing and care provision agreements must remain sound beyond the change of ownership. We structure the German acquisition vehicle, clarify the regulatory requirements and provide ongoing support as your local point of contact.
The funds maintain their own units for combating misconduct, and audits quite often end in recourse claims or criminal investigations. What counts is clean documentation of the services provided and a functioning internal control system. We help build the compliance structures and defend you when an allegation is raised.
