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 premium CLE video webinar with interactive 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.
Outline
- 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
- HIPAA
- ADA and other considerations
Benefits
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 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?
Faculty
![Cohen, Austin](/img/t/c93d3ac99ddc21baa3774fffc06e7dc2.jpg)
Austin C. Cohen
Associate
Baker & Hostetler
Mr. Cohen devotes his practice to the acquisition, development, leasing and disposition of commercial real estate... | Read More
Mr. Cohen devotes his practice to the acquisition, development, leasing and disposition of commercial real estate across diverse asset classes, including retail, office and industrial. He provides clients in industries such as healthcare, logistics, hospitality and aviation with thoughtful and attentive representation, keeping an eye on their business goals while bringing complex transactions to an optimal conclusion. Through his previous work at a legislative caucus and on a gubernatorial election campaign, Mr. Cohen gained experience managing large tasks, developing workflow strategies and communicating with high-profile individuals.
Close![Ruark, Kimberly](/img/t/fd2792486e1979bc2aa4143edd1e18a3.jpg)
Kimberly S. Ruark
Counsel
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