· Healthcare laws and regulations – providers must ensure that their lease agreement is compliant with all applicable federal and state laws, rules, and regulations, including but not limited to, the federal anti-kickback laws (42 U.S.C. § 1320a-7b) and Stark law (42 U.S.C. § 1395nn), the regulations promulgated there under, and equivalent applicable state laws.
· The landlord-healthcare tenant relationship – Medical offices, which are usually in medical office buildings, have additional concerns unique to the medical office building setting. These leases require an extensive analysis to safeguard against common healthcare lease pitfalls, such as construction build out issues; office sharing issues, including use of medical equipment and staff; subleasing, assignment, and termination issues; as well as medical malpractice and general liability insurance issues.
· Non-compete and restrictive covenants – providers should ensure that their lease does not violate any existing restrictive covenants contained in any other lease entered into by the landlord or provider. Moreover, they should include their own non-compete provisions to protect their office from competition from other potential renters in the office building. Providers should seek guidance from an experienced healthcare attorney as they have an in-depth understanding of the healthcare economy and market conditions, and as such are better positioned to negotiate these provisions.
If you are planning to open a new office, whether in New York or another state, do not hesitate to call our firm and speak with one of our experienced healthcare attorneys. We have the comprehensive knowledge to ensure your interests are effectively protected while your practice grows! Please do not hesitate to contact our firm for a consultation with one of our knowledgeable healthcare attorneys by phone at 212-668-0200 or via email at .