Healthcare organizations considering leasing space to providers who may refer patients to those organizations should keep one eye on the Anti-kickback Statute, which forbids certain practices that may spur referrals.
Here are just a few of the provisions, as spelled out by global law firm Holland & Knight:
- All premises that will be covered for the term of the lease must be spelled out explicitly.
- If a lease is only for certain time intervals within the overall term, the schedule of those intervals, their duration and the rent for the intervals must be defined exactly.
- The aggregate rental charge has to be determined in advance, “consistent with fair market value in arms-length transactions.”
- Rental charges may not take into account the value or volume of referrals that may be fully or partially covered by federal programs such as Medicare or Medicaid.