Orrick Client Roche Diagnostics Secures Innovative Contract Relating to Integrated Healthcare


Orrick client Roche Diagnostics Deutschland GmbH has been awarded a long-term contract relating to integrated healthcare for diabetes patients from AOK Hesse.

With this award, AOK Hesse entrusts Roche Diagnostics with executing an integrated care contract for a groundbreaking model of integrated medical care for patients who suffer from diabetes mellitus type 1 or 2 and require insulin therapy. This includes budgeting responsibility following §§ 140a – d SGB V. The contract is valid for 48 months and is valued at €100 million.

Because of the novelty characteristics and commercial significance of the IV model involved in the treatment, market participants requested four review proceedings concerning AOK Hesse’s award procedure. Competitors questioned the admissibility of the IV model chosen by AOK Hesse as well as the method of evaluation and the respective evaluation of their tenders. The proceedings resulted in a re-tendering of the contract at the beginning of this year. The application of a review addressed to this proceeding was finally dismissed as unfounded by the second federal public procurement body.

The Orrick team advising Roche Diagnostics was led by Dr. Peter Braun in Frankfurt and included Dr. Tobias Schneider in Berlin and Friederike Dratwa and Engin Olaf Güpinar, both in Frankfurt. Roche’s in-house team consisted of Dr. Edwin Sonnenschein, LL.M. (Global Head Legal Diabetes Care) and Philipp Hoffmann LL.M. (Legal Counsel).