A partnership between fitness studios and physiotherapy practices opens up exciting prospects for integrated healthcare and offers the opportunity to reach a wider audience. For fitness studios, there is an opportunity to diversify their range of services and tap into additional sources of income. However, it is crucial to understand the legal framework in order to ensure that the cooperation complies with the law.
Legal considerations for integration
When integrating a physiotherapy practice into a fitness studio as an integral part of the business, certain legal requirements must be taken into account. In particular, if the practice wishes to offer services to patients with statutory health insurance, the same regulations apply as for independent physiotherapy practices. According to the guidelines of the statutory health insurers (GKV), such a practice must be an independent unit and must not be physically connected to other business areas, such as the gym. Without this separation, difficulties can arise when billing services to health insurance companies, for example. An alternative to avoid this problem would be to run the practice exclusively as a private practice, i.e. only offering services to self-payers, or to operate the practice under a non-medical practitioner's license.
Founding a joint company
If you plan to combine your activities with a physiotherapy practice and establish it as an integrated part of your fitness studio, this usually leads to the establishment of a new joint company. Alternatively, it is also possible to incorporate the physiotherapy practice into an existing company and structure. In the future, this company would then be responsible for personnel decisions, determining salaries and investments. Both therapists and trainers would be employed under the umbrella of this company. The owners of both original companies would become co-owners of this newly formed company. It is important to define precisely in a partnership agreement how the company's income and profits will be divided between the partners.
If the new company is run as a GmbH, it can be determined that in addition to your role as a shareholder, you will also take on the role of (co-)managing director, with corresponding remuneration. This allows you to continue your business activities in the usual way.
Cooperation within the studio premises
Room rental
There are various options for cooperation between fitness studios and physiotherapy practices. One possible option is to rent studio space to an independent physiotherapy practice, which then operates separately. In this model, the studio and the practice operate as independent economic units, with the terms of the collaboration being set out in a contract. It is important, especially when treating patients with statutory health insurance, to strictly adhere to the spatial separation.
Service contract with an independent physiotherapist
An alternative form of cooperation is the provision of certain self-pay services by a physiotherapist directly in the fitness studio, without having their own fixed premises. The decisive factor here is that no medical treatments are offered. The range of services is limited to purely self-pay services. If the gym offers these services and either the payment is made directly by the members or the services are included in the membership fee, a clear contractual arrangement with the physiotherapist regarding their remuneration is necessary, typically in the form of a service contract.
This constellation seems simple, but carries the risk of so-called "bogus self-employment". This risk exists in particular if the physiotherapist's work is similar to that of an employee and the physiotherapist wears typical studio clothing, participates in team meetings or follows instructions from the studio manager, for example. The physiotherapist must also be recognizable as a self-employed entrepreneur on the market and should also work for other clients so as not to jeopardize the status of self-employment.
Self-employed billing by the physiotherapist
Another option is for the physiotherapist to act independently as a provider and pay rent to the studio for the use of the premises. In this case, it is essential to ensure that no services are offered that are already included in the studio's membership contract, such as the creation of a training plan or therapy-related training, in order to avoid the risk of bogus self-employment.
Advertising regulations in the healthcare sector
Anyone wishing to advertise in the healthcare sector must deal with specific legal requirements. It is advisable to first familiarize yourself with the German Drug Advertising Act (HWG) and the Unfair Competition Act or seek professional advice. A central requirement is that advertising must be transparent and honest and must not mislead the consumer under any circumstances.
Particular attention must be paid to advertising if it is aimed at alleviating or treating complaints. The Therapeutic Products Advertising Act stipulates that such advertising claims are prohibited if they contain healing promises that are not scientifically proven. Examples of such inadmissible claims could be statements such as "Kinesiology taping improves resilience", unless they can be supported by scientific data.
The assessment of whether an advertisement is misleading or deceptive often depends on the specific individual case. In order to be legally protected, it is advisable to base advertising on your own experience or the specific experience of members and to avoid generalized or exaggerated claims.
Challenges in relation to data protection
Your gym processes a lot of personal data on a daily basis, which requires careful attention to data protection. These requirements intensify when you work with a physiotherapist and health data is involved. In contrast to a regular practice, where data processing is often regulated by a patient contract, this is not automatically the case with services for self-pay patients.
For the processing of such sensitive health data, it is necessary to take special data protection measures. This includes drawing up a detailed privacy policy and obtaining explicit consent from self-pay customers before their health data can be collected and processed.
Successful and legally secure positioning in the healthcare market
The range of self-pay services in physiotherapy is constantly increasing and offers considerable growth potential. Successfully integrating a physiotherapy practice into a fitness studio can be beneficial for both sides. Such a partnership can not only create synergies, but also expand the range of services offered.
In order to achieve a solid and legally secure market position, it is essential to consider all legal framework conditions from the outset. This includes the specific requirements of the various cooperation models as well as compliance with legal regulations to avoid bogus self-employment. With this strategic approach, fitness studios and physiotherapy practices can not only retain their existing members more effectively, but also successfully tap into new customer segments.
Editorial team fitnessmarkt.de
Source: shape UP Business
Image source: #76390840 Kzenon / stock.adobe.com
Published on: 16 April 2024