Health Care Laws for the Real Estate Lawyer

No one would deny that we are in the midst of challenging and uncertain economic times. In a market where businesses are downsizing and taking other measures to ensure self-preservation, the health care industry stands out as one of the more stable sectors of the economy. With the possible exception of elective procedures, demand for medical services generally does not ebb and flow in sync with fluctuating stock prices and financial projections, and hospitals and medical office buildings are still being built and leased at steady rates. However, attorneys drafting office space leases for health care clients must be aware of certain health care laws that may have a significant impact on the terms and structure of the leasing arrangement. This article takes a brief look at a few of the more commonly applicable laws: the federal Stark law, the federal Anti-Kickback Statute and regulatory performance standards mandating certain space-sharing restrictions for Independent Diagnostic Testing Facilities.