Medical Office Leases: Navigating 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
A live 90-minute CLE webinar with interactive Q&A
Wednesday, April 19, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT
This CLE webinar 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 draft leases which 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.
Medical office leases differ from standard commercial leases in several respects. There may be development and title issues unique to a medical office building (MOB) because it may be located within a hospital campus and may be subject to medical use restrictions and easements which impact its operation.
The hospital owner often desires to retain fee ownership of an entire medical campus, so the MOB might also be subject to a ground lease. Counsel for the landlord or the tenant will want to see these matters addressed in the lease.
There are also federal regulations that must be considered in drafting medical office leases. Medical office leases may be subject the Stark Law or the Anti-Kickback Statute, which apply to referrals for services payable under federal healthcare programs.
Leases meeting specified criteria comply with federal Stark and Anti-Kickback regulations; care must be taken in drafting leases which qualify for an exception and/or safe harbor. MOB leases should also address the obligations of the landlord and the tenant with regard to HIPAA, ADA and environmental compliance.
Listen as our authoritative panel discusses development and regulatory issues associated with medical office leases. The panel will review the operational constraints often presented by restrictive covenants, easements and ground leases affecting MOBs, the best leasing practices for achieving compliance with the Stark Law and the Anti-Kickback Statute, and compliance with HIPAA, ADA and environmental regulations particular to medical offices.
- Development and title matters that should be addressed in medical office leases
- Reciprocal easements and operational covenants relating to affiliated hospital
- Addressing ground lease of medical office building
- 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 affect the obligations of the landlord or the tenant under a medical office lease?
- What kinds of restrictions or easements should be addressed in the lease?
- What leasing criteria must be satisfied 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 key provisions particular to a medical office lease?
Andrew Dick, Shareholder
Hall Render Killian Heath & Lyman,
Mr. Dick’s practice focuses on real estate transactions and environmental law. He advises hospitals and healthcare systems around the country on the planning, construction and development of new hospitals, medical office buildings, surgery centers and skilled nursing facilities. Mr. Dick represents clients on a broad range of real estate matters, including the acquisition of land, selection of developers and the negotiation of transaction documents.
Allison Nelson, Partner
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.
Live Webinar $297.00
Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.
This webinar is eligible for at least 1.5 general CLE credits.
CLE credits are not available for PR.
*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.
CLE On-Demand - Streaming Video
Includes recorded streaming video of full program plus PDF handouts.
On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.
AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.
**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.
CLE On-Demand Video $297.00
Available 48 hours after the live event
Includes full event recording plus handouts (available after live webinar).
Strafford is an approved provider and self-study CLE credit is available in most states.
AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
Strafford will process CLE credit for one person on each recording.
Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email firstname.lastname@example.org to place your order.
Recorded Webinar Download $297.00
Available 48 hours after the live event
Recorded Audio Download (MP3) $297.00
Available 24 hours after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
Registration Plus Recorded Event
Live Webinar & Webinar Download $394.00
Recorded Webinar Download Only $97.00 with Registration/Webinar Combo
Live Webinar & Audio Download $394.00
Recorded Audio Download (MP3) Only $97.00 with Registration/MP3 Combo
Live Webinar & DVD $394.00 plus $9.45 S&H
DVD (Slide Presentation with Audio) Only $97.00 with Registration/DVD Combo
Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
CLE Credits By State
Very good current, practical and applicable discussion and information provided.
Clawson & Staubes
The speakers knew their topics and spoke in practical terms addressing real business risks.
Kenneth J. Clarkson
I appreciated that the subject matter of the program was presented in an understandable, concise and organized manner.
Stephen J. Bozarth
Dean Mead et al
Length was ideal and the topic was timely. Excellent!
University of Washington
The program covered a fair amount of material in a short time period.
Bradley Arant Boult Cummings
Real Estate Law Advisory Board
Stroock & Stroock & Lavan
Robinson & Cole
Jenner & Block
Kilpatrick Townsend & Stockton
Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.