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
Recording of a 90-minute premium 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 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 obligations of the landlord or the tenant under a medical office lease?
- What are the kinds of restrictions or easements to address 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 provisions particular to a medical office lease?
William H. Maruca
Mr. Maruca has extensive experience in healthcare law, including Medicare compliance. He counsels hospitals and... | Read More
Mr. Maruca has extensive experience in healthcare law, including Medicare compliance. He counsels hospitals and physicians on reimbursement disputes. Mr. Maruca is a frequent speaker on healthcare topics.Close
James M. Pinna
Hunton Andrews Kurth
Mr. Pinna advises health care clients on matters involving regulatory compliance (including fraud and abuse, licensure,... | Read More
Mr. Pinna advises health care clients on matters involving regulatory compliance (including fraud and abuse, licensure, health privacy and reimbursement issues), structuring of business transactions, corporate governance and tax-exempt status issues. He is a member of the firm’s Pro Bono Committee. Prior to law school, Mr. Pinna served as a business development analyst for National Nephrology Associates, a privately held dialysis company in Nashville, TN, where he was responsible for market research, financial analysis and due diligence on the acquisition of 28 dialysis clinics with more than $90 million in revenues.Close
Daniel F. Shay
Alice G. Gosfield and Associates
Mr. Shay’s practice is restricted to health law and health care regulation focusing primarily on physician... | Read More
Mr. Shay’s practice is restricted to health law and health care regulation focusing primarily on physician representation, fraud and abuse compliance, Medicare Part B reimbursement, and HIPAA compliance in the physician context.Close
Mark R. Vowell
Hunton Andrews Kurth
Mr. Vowell represents investors, landowners, developers, retailers, public companies and private equity funds in... | Read More
Mr. Vowell represents investors, landowners, developers, retailers, public companies and private equity funds in connection with the acquisition, development, ownership, management and disposition of real estate facilities, including retail, wholesale, office, mixed-use, multi-family, single-family and industrial properties.Close