Some unique issues that need to be taken into account when writing a contract to lease medical clinics are now well aware: most hospitals are now well aware that the Office of Inspectors General (OIG) is focusing on different types of agreements involving doctors, as the possibilities for abuse in this area have been improved. Leasing agreements between hospitals and physicians can be a very complex area of regulation and enforcement. There are many areas of risk and vulnerability in light of the regulatory and coercive environment, particularly with respect to the federal anti-kickback law and the Stark laws. This agreement is intended to lease a medical office building to a single tenant for operation as a medical centre. Of all the above questions, the MMV is by far the most important factor to address. This is a very complete exception. This is compensation resulting from an agreement between a company and a doctor (or an immediate member of the family) or a group of doctors (that the group meets the definition of a group practice) for the provision of goods or services by the doctor, family member or group, provided that the agreement is stipulated in an agreement that meets all the following criteria. Although this all sounds very complicated, it can be reduced to the two key issues of FMV recharging for space and that the space must be "commercially reasonable"." All rental contracts with physicians who go to the hospital should include an assessment that is addressed to the VMF and to economically acceptable standards. In situations where a company either leases space or equipment to referring physicians or other parties that may influence the recommendations, the government wishes to ensure that the agreement is not intended to create a real or implied obligation to refer companies against any type of remuneration. In the case of tenancy agreements, compensation could take the form of fair value rents (VMFs) or free services. As Inspector General, I was responsible for issuing a Safe Harbor Regulation to instruct on what it would consider to be a lease that complied with anti-kickback status. This secure port requires that the agreement meet the following five standards: If a clinic leases offices, its lease will generally be much longer than a contract used by regular office tenants. Before signing a medical office lease, hiring an experienced real estate agent in this area can be a good idea.
The commitment of a tenant representative is also important. When our company audits such agreements, we focus on a dozen key Antikickback status standards and Stark standards that can be used to improve leases. Some of these standards can be quite complex in the analysis; However, there are simple tests and advice that are offered here and can be done without problems by compliance officials. It is important to note that this article addresses only a few key issues and should not be considered complete on this subject. For example, if you have calculated the cost of financing an office, including any improvements you may have to make to the building and your operating costs, and you will find that your last final costs are about the same, whether you rent or buy, then buying the property is usually the best decision. If you own a building, you can build equity over time and you can also allocate your payments for building improvement, instead of having to cover those costs at once. As with any real estate research, it can be costly and tedious to find a suitable location for a medical practice.