Medical Office Leases: Navigating New Stark Law, Anti-Kickback Statute, Operational Restrictions, and More
Drafting to Address Reciprocal Easements, Ground Leases, HIPAA, ADA, and Environmental Issues Unique to Medical Office Use
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will prepare real estate counsel to draft medical office leases that address regulatory and operational restrictions associated with medical office space. The panel will discuss how to develop agreements that qualify for an exemption under the federal Stark Law and a safe harbor under the federal Anti-Kickback Statute, how hospital affiliations and environmental concerns may impact lease provisions, and more.
- Development and title matters to address in medical office leases
- Reciprocal easements and operational covenants relating to an affiliated hospital
- Ground lease of MOB
- The Stark Law and the Anti-Kickback Statute
- Potential liability for landlords and tenants
- Exemptions from the statutes: drafting considerations
- Environmental issues particular to medical offices: hazardous waste disposal
- ADA and other considerations
The panel will review these and other key issues:
- Is there an affiliate relationship between the MOB and an existing hospital that will impact the landlord's obligations or the tenant under a medical office lease?
- What are the kinds of restrictions or easements to address in the lease?
- What are the leasing criteria to comply with the Stark Law and the Anti-Kickback Statute?
- How should HIPAA be addressed in a medical office lease?
- What are the other provisions particular to a medical office lease?
Co-Deputy Chair, Real Estate Practice Group
Ms. Nelson focuses her practice on real estate and healthcare, guiding clients through complex commercial real... | Read More
Ms. Nelson focuses her practice on real estate and healthcare, guiding clients through complex commercial real estate matters, including leasing, development and acquisitions of properties such as hospitals, medical office buildings and laboratories. She has experience negotiating construction and development projects, including contracts and all types of leases. Ms. Nelson’s clients include national hospital systems, developers, homebuilders and lenders.Close
Kimberly S. Ruark
Baker & Hostetler
Ms. Ruark focuses her practice on transactions and regulatory matters for the healthcare industry. She is scrupulous in... | Read More
Ms. Ruark focuses her practice on transactions and regulatory matters for the healthcare industry. She is scrupulous in guiding hospitals, health systems, and physicians through complex contract arrangements that match the client’s business aims. She also counsels healthcare industry clients on issues of fraud and abuse and Stark Law compliance matters.Close
Patricia J. (Patti) Hartman
Ms. Hartman has been practicing commercial real estate and business law for nearly 40 years. She represents... | Read More
Ms. Hartman has been practicing commercial real estate and business law for nearly 40 years. She represents clients in the healthcare, senior care, engineering, accounting, architecture, agriculture, insurance, and consulting industries with their real estate, general business, and commercial law matters. In the real estate arena, she represents healthcare systems, senior care communities, landowners, developers, investors, lenders, landlords, and tenants. She has extensive experience in negotiating and documenting complex real estate transactions, including options, dispositions, acquisitions, and exchanges; development projects, including development agreements; city and/or county required agreements; utility, access, storm drain, sewer, parking, construction, and other easements (temporary and/or permanent); memoranda of rights; shared maintenance agreements; operating agreements; and licenses; commercial leases, including build-to-suit leases, for medical, general office and retail space; ground leases; tenancy-in-common agreements; mortgage and trust deed workouts; syndications; and joint venturesClose