CHAPTER 8A Medical Office Leasing

• Jurisdiction: United States
• Publication year: 2022

CHAPTER 8A Medical Office Leasing

Allison Nelson, Esq. Akerman Denver, Colorado

Chapter Contents

§ 8A.01 Medical Office Lease Issues

[1] Lease Term

[2] Operating Expenses and Above-Standard Services

[3] Operational Issues

[a] Signage
[b] Parking

[i] Minimum Parking Ratios
[ii] Accessible and Convenient Parking
[iii] After-Hours Parking

[c] Landlord Defaults/Utility and Service Interruptions

[i] Self-Help
[ii] Rent Abatement
[iii] Backup Power

[4] Use

[a] Permitted and Exclusive Uses
[b] Nuisances and Other Prohibited Uses
[c] Hospital-Related Restrictions

[i] Competition
[ii] Credentialing
[iii] Ethical and Religious Directives

[d] Death and Disability Provisions

[5] Environmental Issues and Hazardous Substances

[a] Hazardous Substances
[b] Biomedical Waste Disposal
[c] Specialized Medical Equipment
[d] Controlled Substances

[6] Healthcare-Related Regulatory Issues

[a] ADA and Life/Safety Issues
[b] Licensing and Certificates of Need
[c] Protected Health Information
[d] Exclusion from Federal Healthcare Programs
[e] Cost Reporting
[f] Transfers to a Referral Source

§ 8A.02 Regulated Transactions

[1] The Legislative Framework/Anti-Kickback Regulations

[a] The False Claim Act
[b] The Stark Law
[c] The Anti-Kickback Statute

[2] Compliance with Federal Anti-Kickback Regulations

[a] Stark Rental of Office Space Exception and AKS Space Rental Safe Harbor

[i] In Writing; Signed by Both Parties

[A] Use of Space Prior to Execution
[B] Term and Rent Commencement Dates
[C] Recordkeeping and Signatures

[ii] Exclusive Use
[iii] Space

[A] Square Footage
[B] Floor Plan Content
[C] Space Designation

[iv] One-Year Term
[v] Legitimate Business Purpose and Commercially Reasonable Terms
[vi] Fair Market Value

[A] Definition of Fair Market Value
[B] Fair Market Value Computation
[C] Method for Determining Fair Market Value
[D] An Appraiser or Valuation Provider Engagement
[E] Unique Valuation Issues
[F] Rate Shopping

[b] Other Stark Law Exceptions and AKS Safe Harbors

[i] Rental of Equipment
[ii] Timeshare Exception

[A] In Writing; Signed by Both Parties
[B] Parties to the Arrangement
[C] Evaluation and

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