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What's So Different About Healthcare Leasing Transactions?
Over the past decade, healthcare real estate has come to be viewed as a new asset category, in addition to the traditional office, industrial, retail and multifamily categories. While there are many reasons for this, one contributing factor is the number of issues unique to healthcare real estate. Among the many types of healthcare real estate transactions, this article focuses on “off-campus” leasing transactions, including why and how leases involving healthcare providers differ from other leasing transactions and what this means for those involved in these transactions.
Why Should You Care?
There are three reasons that you should understand the ways in which healthcare leases differ from other kinds of leasing: Costs, Liability and Opportunities. Knowing the hot buttons and constraints specific to healthcare tenants will facilitate lease negotiations and enable the parties to pick their battles more wisely, which in turn may save weeks of negotiations and attorneys' fees, and avoid inadequate or problematic lease provisions. Knowing that healthcare tenants may produce biological/medical waste, use regulated substances as an ordinary part of their business and have extensive, statutorily mandated patient confidentiality obligations will enable the parties to address responsibility and liability for these matters appropriately. Knowing that market and cost pressures and the Affordable Care Act are changing how medical care is being delivered to patients in ways that materially affect the real estate needs of healthcare providers may enable you to position yourself as one of the winners and avoid being one of the losers in the real estate arena.
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