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The Hospital Management Agreement is a crucial document used when a hospital owner or trust seeks to engage a professional healthcare management company to operate and manage their hospital facility in India. This agreement has become increasingly important as healthcare facilities seek to improve operational efficiency and service quality through professional management. The document incorporates requirements from various Indian healthcare regulations, including the Clinical Establishments (Registration and Regulation) Act, 2010, state-specific healthcare laws, and relevant medical council guidelines. It typically includes detailed provisions for clinical and administrative operations, staff management, quality standards, financial arrangements, and compliance requirements. The agreement is particularly relevant in cases where hospitals aim to upgrade their operations to meet international standards or when trusts lack internal expertise in hospital management.

1. Parties: Identification of the hospital owner/trust and the management company, including their registered addresses and company details

2. Background: Context of the agreement, including brief description of the hospital facility and the purpose of engaging a management company

3. Definitions: Detailed definitions of terms used throughout the agreement, including technical medical terms, financial terms, and operational concepts

4. Scope of Services: Comprehensive outline of management services to be provided, including administrative, clinical, and operational responsibilities

5. Term and Renewal: Duration of the agreement, conditions for renewal, and notice periods for extension

6. Management Company's Rights and Obligations: Detailed responsibilities including staffing, quality standards, compliance, and operational management

7. Hospital Owner's Rights and Obligations: Responsibilities of the owner including facility maintenance, capital expenditure, and support to management

8. Licensing and Compliance: Obligations regarding maintaining necessary permits, licenses, and compliance with healthcare regulations

9. Financial Arrangements: Management fees, revenue sharing, operating expenses, and financial reporting requirements

10. Staff and Employment: Employment structure, responsibilities for hiring, training, and managing staff

11. Quality Standards and Accreditation: Required healthcare quality standards, accreditation maintenance, and monitoring systems

12. Reporting and Records: Requirements for operational, financial, and clinical reporting, record-keeping obligations

13. Insurance and Indemnification: Insurance requirements and mutual indemnification provisions

14. Termination: Grounds for termination, process, and consequences of early termination

15. Post-Termination Obligations: Transition responsibilities, handover requirements, and continuing obligations

16. Dispute Resolution: Process for resolving disputes, including mediation and arbitration procedures

17. Governing Law: Specification of Indian law as governing law and jurisdiction details

18. General Provisions: Standard boilerplate clauses including notices, amendments, assignment, and force majeure