Understanding Regulatory Issues in Leasing Medical Office Buildings & Healthcare Facilities

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Handy Guide Gives Clarity into Myriad of Regulations When Leasing Healthcare Facilities

The explosive growth of convenience care centers and the trend of putting outpatient clinics in traditional retail and office spaces are reshaping the commercial real estate market. The real estate leasing process is alien territory for many involved in healthcare. On the flip side, many in commercial real estate are dealing with healthcare tenants for the first time.

A stunning number of regulatory and patient safety issues come into play when leasing healthcare facilities – far more than traditional retail or office space. Stakes are high — make a mistake and you face fines, lose the right to take part in Medicare & Medicaid programs, and may even go to jail.

“I didn't know” or “it wasn't my intent” will not work as a defense. This regulatory labyrinth was created by daisy chaining rules from: DOJ, DOT, EPA, FDA, OSHA, Center for Medicare and Medicaid, and Social Security Administration. Adding to the regulatory tangle are the guidelines and accreditation from Facility Guidelines Institute and The Joint Commission.

Who is Exposed?

Unsuspecting tenants, landlords, property & facility managers, compliance officers, health system administrators, physician practice groups, real estate brokers, lenders, architects, contractors, and tenant fitout specialists

What’s Covered in This 70+ Page Guide (Partial Listing from Table of Contents):

• Anti-Kickback and Stark Law
• Occupational Safety and Health Act of 1970 (“OSHA”)
• Controlled Substances Act
• Resource Conservation and Recovery Act of 1976 (RCRA)
• Americans with Disabilities Act of 1990 (“ADA”), Rehabilitation Act of 1973, Fair Housing Act of 1988
• Health Insurance Portability and Accountability Act (“HIPAA”)
• American Recovery and Reinvestment Act (“ARRA”)
• Facility Guidelines Institute and The Joint Commission
• Sample Lease Clauses
• Chapter on Use of Electronic Code of Federal Regulations

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