HEALTHCARE AND MEDICAL BUSINESS LAW
HEALTHCARE AND MEDICAL BUSINESS LAW
STERN COMAS advises doctors, clinics, hospitals, medical centers, laboratories, pharmacies, pharmaceutical distributors, dental practices, investors and other participants in the healthcare industry in the Dominican Republic.
Our practice combines expertise in corporate, regulatory, real estate, labor, tax and contractual matters related to the delivery of healthcare services and the operation of healthcare businesses.
We regularly advise healthcare institutions, medical professionals and healthcare companies on licensing and regulatory compliance, professional recertification, corporate restructurings, acquisitions, share transfers, business expansion and legal risk management.
We also assist businesses involved in the distribution of pharmaceuticals and healthcare products with the sanitary registrations, renewals and extensions of sanitary registrations, pharmaceutical trademark protection, corporate reorganizations, business acquisitions, regulatory compliance and legal risk management..
Our experience includes coordinating matters involving medical offices, clinics, hospitals, laboratories, pharmacies, dental practices, pharmaceutical distributors, healthcare licensing, corporate structures, relationships with health insurers, real estate transactions, specialized agreements and business growth initiatives, providing practical solutions from legal, regulatory and commercial perspectives.
SERVICES WE OFFER
Healthcare Licensing and Regulatory Compliance
Advising on healthcare licensing, renewals, regulatory compliance, and interactions with healthcare authorities.
Acquisitions and Sales of Medical Facilities
Assistance with acquisitions, sales, mergers, and restructurings of clinics, hospitals, and healthcare businesses.
Corporate Law for Healthcare Businesses
Company formation, shareholder relations, corporate governance, and business reorganizations within the healthcare sector.
Clinics and Hospitals
Comprehensive legal support for clinics, hospitals, diagnostic centers, and specialized healthcare facilities.
Real Estate for Healthcare Projects
Advising on the acquisition, development, and legal structuring of properties dedicated to healthcare operations.
Healthcare Contracts
Drafting and negotiating commercial agreements, professional services contracts, operational agreements, and healthcare-related arrangements.
Healthcare Due Diligence and Business Valuation
Legal review of clinics, hospitals, and healthcare companies for investment, acquisition, financing, and restructuring purposes.
Risk Management and Compliance
Assessment of regulatory, corporate, labor, and operational risks affecting healthcare institutions and businesses.
FEATURED ARTICLES
The Sale of Shares in Medical Centers in the Dominican Republic
The acquisition or sale of shares in a medical center involves considerably more than a traditional corporate transaction. In addition to standard corporate considerations, these transactions require an assessment of healthcare licenses, relationships with health insurers, regulatory compliance, labor risks, medical equipment, institutional reputation, and the continued involvement of key physicians who contribute directly to revenue generation. As a result, a successful acquisition requires specialized due diligence combining corporate, regulatory, financial, real estate, and healthcare analysis.
Legal Guide to Licensing a Healthcare Facility in the Dominican Republic: Types of Facilities, Requirements, and Complete Checklist
Opening a clinic, medical office, laboratory, or diagnostic center in the Dominican Republic requires obtaining a Healthcare Facility Operating License (Licencia de Habilitación) from the Ministry of Public Health (MISPAS), in addition to complying with corporate, architectural, professional, and healthcare regulatory requirements.
The process includes obtaining a Certificate of No Objection to Plans, adapting the facility's infrastructure in accordance with applicable technical regulations, and submitting corporate documentation, including the Tax Identification Number (RNC), Commercial Registry Certificate, and a valid trade name registered with ONAPI. Additionally, healthcare professionals must be duly qualified through academic degrees, professional licenses (exequátur), and active membership in the Dominican Medical Association (Colegio Médico Dominicano - CMD), where applicable.
Licensing requirements vary depending on the type of healthcare establishment and its level of complexity. However, all facilities must demonstrate operational capacity, adequate medical equipment, clinical protocols, safe management of biomedical waste, and compliance with patient safety and quality standards. Proper legal and regulatory planning from the design stage can reduce regulatory observations, avoid delays, and facilitate a more efficient licensing process.
Civil Liability for Not-for-Profit Medical Services
In the Dominican Republic, the fact that a medical procedure is provided free of charge or on a not-for-profit basis does not eliminate or reduce the civil liability of healthcare professionals. Courts apply the general rules of civil liability and require physicians to comply with accepted standards of medical practice, obtain informed consent from patients, and provide the necessary clinical follow-up throughout the recovery process. In the event of a claim, any departure from generally accepted medical procedures may give rise to liability, regardless of whether the services were provided free of charge or through a non-profit organization