Medical Office Leases must be negotiated with both Stark Law and the Anti-Kickback Statue as a primary concern. Real Estate agents, real estate lawyers, and general business professionals are seldom equipped with the requisite knowledge to navigate the requirements of federal fraud and abuse laws.

Not only must the lease contract be drafted to meet the strict requirements of the Safe Harbor Provisions of Stark Law and the Anti-Kickback Statute, increasingly, the Office of Inspector General is looking for evidence that a contract was negotiated at arms length and the deal struck is the product of a give-and-take negotiation.

Negotiating federal Fraud and Abuse compliant medical office leases will often require the retention of an expert in valuation of medical office space. This is true whether the physician is the landlord or the tenant.

Martin Merritt is a Stark Law attorney, practicing in Dallas, Texas. He provides consulting services to clients nationwide. If you would like to schedule a free consultation, please contact us.

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Martin Merritt begins each day with an email form the US Department of Health and Human Services in Washington, D.C. outlining any new enforcement actions, and any new information which will assist in regulatory compliance. Twice per week, Martin Merritt receives a copy of all opinions from every U.S. District Court in the nation on the latest tactics in defending False Claims Act cases, including those involving qui tam relators. He also maintains a searchable database of all OIG published reports, and all HHS and CMS published manuals regarding compliance. From this, Martin publishes a monthly newsletter covering the major False Claims Act cases and major pronouncements from the OIG, HHS and CMS.