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If you are running a business in the healthcare industry in 2025, there are a number of documents and legal obligations you should be familiar with to ensure your practice remains compliant and protected in a rapidly changing digital landscape.
Whether you’re offering professional healthcare services remotely or in person, a Telehealth Service Agreement or a Healthcare Professional Service Agreement is critical to have in place. These contracts not only formalise the relationship with your clients but also outline essential responsibilities and risk management provisions.
They form the foundation of your relationships with your clients and empower you with the protection needed against the significant risks inherent in providing healthcare services, no matter how those services are delivered.
Healthcare professionals in 2025 are held to exceptionally high standards, reflecting the advanced level of skill and expertise required in today’s industry. It is therefore imperative that your key contractual documents accurately reflect these high standards and evolving legislative requirements.
Read on to learn more about what is required in a Professional Services Agreement for healthcare service providers, along with updated guidance on privacy and telehealth requirements.
What Is A Service Agreement?
Generally speaking, a Service Agreement is a contract that sets out the terms and conditions between you and the clients receiving your services. Every service-based business should implement such an agreement to ensure both parties are clear on their duties and expectations. For more comprehensive guidance on legal requirements as they stand in 2025, you might also review our updated Legal Requirements for Starting a Business guide.
This agreement offers enhanced protection for your business by clarifying the exact scope of services and reducing the likelihood of miscommunications that could lead to costly legal disputes.
In the healthcare sector, a Service Agreement usually includes provisions that limit your liability, secure your payments, and incorporate other vital protections specific to the type of care you provide.
A Service Agreement should also detail fees, key dates, deadlines, and the precise services and deliverables you offer. That said, while a standard Service Agreement provides a solid baseline, a bespoke Professional Services Agreement tailored to your healthcare practice is even more effective.
As mentioned above, Service Agreements will typically cover:
- Fees (including payment security)
- The scope of services
- Limitation of liability
- Key dates and deadlines
I’m A Healthcare Provider – Do I Need A Professional Services Agreement?
A Professional Services Agreement is specifically designed to manage client expectations and protect your business by clearly outlining the commercial relationship between you and your clients. This agreement is legally binding and offers a greater level of detail than a standard Service Agreement.
Professional Services Agreements will typically cover:
- The scope of the services being provided and any deliverables
- Payment terms and security
- Deadlines
- Duties of the customer
- Obligations of the business
- Warranties
- Liabilities
- Confidentiality provisions
- Ownership of any intellectual property
- Dispute resolution methods
- Procedures for events beyond either party’s control
- Termination of the contract
Unlike a general Service Agreement, a Professional Services Agreement provides specific details about the complex and often specialised services you offer. It addresses areas such as licencing requirements and is particularly beneficial where a high degree of skill and expertise is involved, as is common in healthcare.
For healthcare providers, these agreements are indispensable given the sensitive nature of the services rendered and the extra emphasis on privacy and confidentiality. Sprintlaw offers specialised drafting of Health Service Provider Agreements for doctors, allied health professionals, mental health service providers, aged care, disability care and more.
For NDIS-related healthcare providers, our NDIS Service Agreements are specifically designed to meet the evolving requirements of your business in today’s regulatory environment.
How Do Service Agreements Work For Telehealth?
Even as face-to-face interactions continue, the shift to online healthcare – accelerated by recent global events – makes it crucial to understand telehealth legalities in 2025. Whether you plan to move entirely online or offer a hybrid model, the legal implications of such a transition must be carefully considered.
A key measure is implementing a robust Telehealth Service Agreement. Though the remote provision of healthcare is still a relatively new terrain, this agreement clearly sets out the terms between you and your clients, ensuring that both parties know what to expect.
These agreements should be drafted by legal professionals who understand the heightened risks associated with handling sensitive health information online. Typical provisions include:
- Outlining your responsibilities (what you will and won’t do)
- Securing your payment arrangements (including online payment systems)
- Limiting your liability to your online clients
I’ve Created A Healthcare App – What Agreement Do I Need?
Healthcare apps require not only a solid Service Agreement but also well-drafted terms and conditions that govern user behaviour. These documents outline what customers can and cannot do when using your service, and establish clear rules for accountability.
Common elements in these terms and conditions include:
- Payment terms
- Dispute procedures
- Handling of personal information and confidentiality
- Limitation of liability
Given the heightened risks associated with healthcare services, it is important to clearly disclose all pertinent details and risks. For example, your app must explicitly state any limitations of liability. The app ‘Headspace’ provides a good example, as its terms and conditions note that, to the fullest extent permitted by law, they do not warrant the completeness or suitability of the advice provided.
However, such limitations should be realistic and tailored to your app’s specific functions. While an app offering direct access to doctors might appropriately limit liability for the accuracy of medical advice, it would be unsuitable to disclaim responsibility for verifying a doctor’s credentials. For further assistance, our experienced team can help ensure your app’s terms are both robust and appropriately tailored.
Do I Need A Privacy Policy?
In addition to the Service Agreement that best suits your business model, health service providers must have a Health Service Provider Privacy Policy.
Generally speaking, a Privacy Policy details the way in which your business handles the personal information you collect. It is typically presented alongside your terms and conditions, ensuring that all parties are aware of how data is managed.
As a health service provider, you collect ‘health information’ which is classified as sensitive data under the Privacy Act 1988. This means additional regulatory obligations apply, and your privacy policy must align with the Australian Privacy Principles.
This requirement applies irrespective of your annual turnover. Therefore, your privacy policy must clearly detail what personal information you collect, how it is used, and the circumstances in which it may be disclosed to third parties.
In today’s digital landscape, regularly updating your privacy policy is more important than ever to reflect legislative changes and emerging data protection risks.
In 2025, staying updated with the evolving legislative landscape is crucial. Regular review and update of your legal agreements-including Service Agreements and Privacy Policies-can safeguard your business against regulatory risks and maintain client trust. For further insights on ensuring your documents are current, check out our Legal Requirements for Starting a Business guide.
Key Takeaways
Healthcare remains a complex and highly regulated industry. With an increasing number of providers moving into the online space in 2025, understanding the legal ramifications and risks of this transition is vital.
Sprintlaw’s extensive experience in healthcare law means we can help you navigate these complexities, ensuring your contracts and policies are up-to-date and robust. Whether you need assistance in drafting a Health Service Provider Agreement, an NDIS Service Agreement, or a comprehensive Privacy Policy, we are here to help.
If you have any questions about your legal obligations or need assistance with updating your documents, please reach out to us at team@sprintlaw.com.au or call 1800 730 617 for an obligation-free chat.
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