Health Care Real Estate Lease Toolkit
This Toolkit is brought to you by AHLA's Hospitals and Health Systems Practice Group.
- May 31, 2025
This Toolkit is designed to assist counsel in structuring legally compliant hospital-physician real estate leases by organizing relevant resources in one convenient location. It places particular focus on the fair market value and commercial reasonableness standards and the technical requirements for leases under the applicable safe harbors and exceptions to the Anti-Kickback Statute and Stark Law. The Toolkit is structured as a compilation of the relevant statutes, implementing regulations, interpretative agency commentary, advisory opinions, and case law materials. The Toolkit also provides general considerations when engaging a third-party valuation consultant to document compliance with the fair market value and commercial reasonableness standards.
The Toolkit has been updated in 2025 to reflect changes and clarifications from the 2020 CMS Stark Law Final Rule and to provide updates on recent settlements and case law relevant to health care real estate.
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