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
An encore presentation featuring live Q&A
Recording of a 90-minute CLE webinar with Q&A
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.
- 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?
This is an encore presentation with live Q&A.
Hall Render Killian Heath & Lyman
Mr. Dick’s practice focuses on real estate transactions and environmental law. He advises hospitals and... | Read More
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.Close
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