Sale and establishment of a dental clinic

Hello, Yes, even if the medical director remains unchanged, certain notification obligations toward relevant authorities and health insurance companies arise when taking over a dental clinic.

Regional Public Health Authority (RÚVZ)

Self-Governing Region (VÚC) In some cases, it is necessary to submit an application for a change in the permit to operate a healthcare facility, for example, if there is:

• A change of the medical director,

• A change in the place of operation,

• A change in the professional specialization of the clinic.

For other changes, such as a change of the company’s executive director, registered office, or business name, these are reported to the VÚC for informational purposes only—without the need to apply for a new permit. The healthcare facility code remains unchanged.

Health Insurance Companies In case of any uncertainties, do not hesitate to contact us—we will be happy to help you with the correct procedure and prepare the documentation so that nothing is overlooked.

Currently, there are differing legal opinions on the question of whether you can be a guarantor (medical director) for two LLCs.

A condition for issuing a permit for a dental clinic is the fulfillment of the condition stated in Section 12, Paragraph 11 of Act No. 578/2004 Coll.: “A professional representative may be designated for only one healthcare facility; this does not apply to outpatient clinics and mobile hospices.” However, Section 82, Paragraph 3, Letter d) of the same Act states that a fine of up to 33,193 EUR shall be imposed on “a professional representative if they perform the activities of a professional representative for more than one provider.”

These specific provisions lead to varying interpretations of the law.

Most self-governing regions (VÚC) interpret the law as meaning that it is not possible to be a professional representative in two commercial companies (dental clinics). Conversely, we have encountered the opinion of the Bratislava Self-Governing Region, which issues permits even if a guarantor serves in two different entities and simultaneously follows a recommendation from the Ministry not to issue fines.

If you are interested in selling one company that has a permit for stomatology (dental clinic) to another person, two options could be considered:

1. Register both companies and apply for a dental clinic permit for both. When applying for the permit, you choose professional representatives for each. This means that you would figure as the guarantor for one, and you would choose another person for the second (you will need to find a professional representative who must be in an employment relationship with the company). A work activity agreement or an employment contract is sufficient (Section 12, Para. 9: “A professional representative […] is a natural person who is personally responsible for the professional provision of healthcare in a healthcare facility. The professional representative must be in an employment relationship or a similar relationship with the provider.”). The law does not specify the extent of the working hours (FTE).

2. Apply for a permit for only one limited liability company. This company will provide dental care in one city, and in the second city, you will continue to perform stomatological activities as a natural person–entrepreneur. After transferring the business interest in the LLC, you will apply for a permit for your second company. Following the transfer of the LLC, it is necessary to request the relevant self-governing region to issue a permit—specifically a change of professional representative.

Union: Union insurance company does not set a minimum FTE or a minimum range of office hours. The condition is that the FTE must be greater than zero. This means that even an FTE of 0.1 is sufficient for a guarantor. At the same time, the health insurance company must be informed of any changes (guarantor, clinic doctor, FTE amount, or office hours).

VšZP: According to VšZP, an FTE of 1.0 for a physician position represents 40 office hours per week. For example, if a clinic has 10 office hours per week, this represents an FTE of 0.25 for a physician position. This calculation follows from Annex No. 2 of the Decree of the Government of the Slovak Republic No. 640/2008 Coll., as amended.

If the guarantor has an FTE of 0.1 (representing 4 hours per week) and the clinic has office hours of 10 hours per week, an additional doctor would have to be employed for at least 6 hours per week, i.e., an FTE of 0.15.

If you are unsure how to correctly set up the FTEs or handle communication with health insurance companies, do not hesitate to contact us. We will be happy to provide you with complete legal advice and help resolve administrative obligations in your clinic.