The hospital as a global institution

Hospitals are global enterprises. Like most industries in the 21st century, hospitals increasingly view international activity as a core business strategy. At one time, hospital "internationalization" meant attracting foreign patients as discretionary or prestige-driven initiatives. Today, foreign patients are only one component of a broad, integrated global footprint. Hospitals are now operating mature cross-border programs that touch nearly every aspect of clinical care, research, data, and operations.

Global advisory and consulting projects: As foreign governments and companies make strong investments in health systems infrastructure, hospitals are routinely engaged to export medical expertise. These engagements span facility design, clinical workflows, care models, physician training, and even brand licensing and hospital management services.

Global clinical services: Physicians routinely travel abroad for stints as "visiting physicians" at foreign institutions or to support staffing needs at foreign locations. In addition, hospitals increasingly establish physical presences in capital-rich markets through locally formed entities, joint ventures, or affiliated operations designed to support downstream clinical services.

Global telemedicine: Advances in technology have permanently changed the delivery care model. Remote second opinions, virtual services, and hospital-to-hospital telemedicine collaborations now operate regularly across borders, raising questions around physician licensure and data protection.

Global patient services: International patient programs continue to generate meaningful revenue, particularly for specialized care. Hospitals increasingly engage foreign employees, independent contractors, and marketing firms to socialize their specialties and liaise with current and prospective patients.

Global data initiatives: Multicountry collaborations to aggregate, analyze, and commercialize health data continue to accelerate. These initiatives create rich repositories of patient data across academia, industry, and governments, promising advances in digital health and research, while managing scrutiny around cybersecurity and data localization.

Global capacity building and humanitarian projects: Hospitals continue to play a role in global health initiatives aligned with the United Nation's sustainable development sustainable development goals to improve health outcomes in low- and middle-income countries. These programs often rely on foreign sovereign or philanthropic funding sources, and may include novel medical devices and software roll-out around the world.

Global research: Clinical trials and research collaborations across jurisdictions demand constant attention to foreign regulatory regimes, including privacy, tax, pharmaceuticals, devices, and more. At the same time, there is heightened concern around research security and foreign influence, especially at U.S. hospitals, which has ignited investigations at the intersection of research compliance and national security.

At a time when many hospital systems face sustained financial pressure, the appetite for international activity has not abated. Hospitals have refined and professionalized their global operations. The diversity and scale of these initiatives give rise to numerous and complex legal and regulatory issues across multiple jurisdictions. Though the issues are many and outcomes are not perfect, a global footprint has become a defining feature of the modern health care system.

Authors

William F. Ferreira

Partner Global Regulatory Washington, D.C.

Lauren Colantonio

Associate Global Regulatory Washington, D.C.

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