Articles and Blogs

Real Estate

Three Ways the CMS Proposed Stark Law Changes Affect Space Leases

[10/22/19]

Posted on October 22, 2019 in Health Law News

Published by: Hall Render

On October 9, 2019, the Centers for Medicare & Medicaid Services (“CMS”) issued a proposed rule (the “Proposed Rule”) to amend the regulations interpreting the Stark Law. The Proposed Rule revises material portions of the Stark Regulations and includes critically necessary guidance on leasing arrangements subject to the Stark Law. This article provides a... READ MORE

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Social Determinants and Opportunity Zones: How Existing Health Provider Investments Can Have Enhanced Impact Through the Opportunity Zone Program

[08/29/19]

Posted on August 29, 2019 in Health Law News

Published by: Hall Render

In recent years, many health care providers have dedicated substantial resources to community health or initiatives targeted at improving social determinants of health. As outlined in a recent Hall Render article, the Tax Cuts and Jobs Act of 2017 gives health care providers a mechanism for furthering such goals while realizing significant tax savings... READ MORE

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Three Questions to Consider Before Donating Space to Physicians for Charitable Use

[08/29/18]

Posted on August 29, 2018 in Health Law News

Published by: Hall Render

Donating space for charitable use may come at a price for health care providers under the Stark Law if they are not careful. The Stark Law[1], which was designed to prevent physicians from referring patients to provider entities in which the physicians have a financial interest, can ensnare even those providers acting with the best... READ MORE

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OIG Data Confirms That Non-Compliant Real Estate Arrangements Are Costly

[10/20/16]

Posted on October 20, 2016 in Health Law News

Published by: Hall Render

Health care providers subject to the Stark Law and the Anti-Kickback Statute can face significant penalties for non-compliant arrangements. In the event that a provider discovers a potentially non-compliant arrangement, it may elect to disclose the arrangement to government officials in an effort to limit its liability. Potential Stark Law violations are often disclosed... READ MORE

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Implementing a Timeshare License: Six Things to Consider

[09/27/16]

Posted on September 27, 2016 in Health Law News

Published by: Hall Render

Earlier this year, we reported on several benefits associated with the new Stark exception for timeshare arrangements. While we believe that, under many circumstances, the new timeshare exception is an improvement over the space lease exception, it does have several limitations. Before a health care provider enters into a timeshare license that is designed... READ MORE

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Joint Ventures Between Health Care Providers and REITs: Five Things to Consider

[09/09/16]

Posted on September 9, 2016 in Health Law News

Published by: Hall Render

Hospitals are increasingly becoming targets for investment by real estate investment trusts (“REITs”), with the past year seeing a number of high profile joint ventures between REITs and health care providers structured as RIDEA investments. While hospital/REIT joint ventures can help hospitals fund expansions or monetize valuable real estate assets, hospitals should enter into... READ MORE

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The New Stark Exception for Timeshare Licenses

[11/05/15]

Posted on November 5, 2015 in Health Law News

Published by: Hall Render

Last week, CMS promulgated a final rule that creates a new “timeshare license” exception to the Stark Law. A few days ago, we reported on this and other changes here but believe that the timeshare topic merits additional discussion. The new exception was created due to the difficulty hospitals and physicians experience when trying... READ MORE

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Real Estate Professionals Can Be Whistle Blowers Too!

[11/04/15]

Posted on November 4, 2015 in Health Law News

Published by: Hall Render

A trend in real estate-related False Claims Act litigation should put hospitals and other health care providers on notice that relators are looking for big paydays for non-compliant real estate arrangements. The relators described in this article are real estate professionals who are bringing technically complex claims with little to no institutional knowledge of... READ MORE

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CMS Issues Proposed Rule Affecting Space Leasing Arrangements Under the Stark Law

[07/10/15]

Posted on July 10, 2015 in Health Law News

Published by: Hall Render

Overview On July 8, the Centers for Medicare & Medicaid Services (“CMS”) published a proposed rule pertaining to payment policies under the Physician Fee Schedule for CY 2016 (“Proposed Rule”).1 In addition to changes to the Physician Fee Schedule and other Medicare Part B payment policies, the Proposed Rule addresses modifications to the Stark... READ MORE

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