Squire Patton Boggs, Wolf Theiss DLA Piper, CDZ Law, and SDZ Legal have advised InterHealth Canada, and CMS has advised the EBRD, FM Bank PBP, and Alior Bank, on agreements for the design, construction, equipment, operation, and transfer of Zywiec Poviat PPP Hospital in Poland, in what the parties are describing as "a landmark structured transaction for a new build Integrated Healthcare PPP.”
A cross-border Squire Patton Boggs team led by partner Peter Swiecicki (Warsaw) has advised client InterHealth Canada Limited on the finance documents for a new hospital in Żywiec, Poland. Structured as an “integrated public-private partnership” (facilities and clinical operations) this will be the first PPP healthcare facility in Poland.
On 7 September 2015, InterHealth Canada Limited and the lenders, EBRD, FM Bank PBP and Alior Bank, signed the Term Facilities Agreement along with key finance documents; and FM Bank PBP and InterHealth Canada signed the VAT Facility Agreement. Construction will start once financial close is reached, although certain preparatory works may start sooner. The New Zywiec Poviat Hospital is on target to admit patients in late 2017/ early 2018.
Working alongside Peter Swiecicki were associate Malgorzata Olech (SPB Warsaw), Financial Services partner Claire Shepherd (SPB Manchester) on English law issues, and co-leader of the Healthcare Practice Group Stephen Nash (SPB Denver) as Responsible Attorney for the client.
The long-awaited and highly needed new hospital in Zywiec will bring significant benefits to the local community and provide them with access to top-quality, comprehensive healthcare services, including general acute care services and ambulatory care, prophylactic medicine, elective procedures and cutting edge diagnostics. The construction of the hospital will take two years to complete. This will be followed by a period of commissioning. The hospital will begin to admit patients in late 2017/ early 2018.
It will be operated and managed by InterHealth Canada until 2045, after which it will be returned to Zywiec Poviat in accordance with the PPP Agreement. It is expected that other districts in Poland and governments in the CEE will seek to replicate the Zywiec PPP model.