Medical Timeshare Agreements

Medical Timeshare Agreements

Real Estate Law Corporation™

Under the Federal Self-Referral Prohibition (42 U.S.C. Sec. 1395nn) or “Stark Law,” Timeshare arrangements are similar to a part-time lease, which can be more cost-effective for a physician.

A timeshare agreement must provide for the following items:

  1. Payment for the use of the premises;
  2. In writing, signed by the parties;
  3. Specifies the services covered;
  4. Arrangement between a physician and a hospital, or physician organization of which the physician is not an owner, employee or contractor;
  5. The premises are used predominantly for the provision of evaluation and management services to patients, on the same schedule;
  6. The equipment is in the same building, not used to furnish Designated Health Services (DHS), is not advanced imaging equipment, radiation therapy, or clinical or pathology lab equipment;
  7. The agreement is not conditioned on the referral of patients by the physician;
  8. Rental rates are set in advance, fair market value (FMV), not determined by the volume or value of referrals;
  9. Is commercially reasonable;
  10. Does not violate Anti-Kickback Statute or any Federal or State law; and
  11. Does not convey a possessory leasehold interest.

Commercial Lease Attorneys

Real Estate Law Corporation™

If you need legal assistance with medical time share agreements, Real Estate Law Corporation has experienced commercial leasing attorneys that serve clients in the greater Sacramento area and all over California. Our knowledgeable health care counsel are familiar with medical timeshare agreements and medical leases To schedule a free consultation with one of our commercial leasing attorneys, simply call us at 916-767-0000, or click here to contact us online.

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