Articles and Blogs

What Is a Memorandum of Lease? A memorandum of lease or notice of lease is a short, recordable instrument used to place third parties on notice that there is a leasehold interest affecting real estate. A memorandum of lease outlines certain terms of an underlying lease agreement, including the names and addresses of the... READ MORE

A remarkable 90% of survey respondents reported construction delays, according to National Multifamily Housing Council’s latest quarterly construction survey, with permitting and start delays being the main culprits. A lack of availability in construction financing is also a rising concern. 76% of respondents said that they have experienced deals repriced up over the last... READ MORE

HHS OIG issued a report finding “significantly reduced” improper payments to acute care hospitals, as compared with prior years. OIG found that $39.3 million in Medicare Part B payments should not have been made during 2016-2021, which was a decrease from $51.6 million in improper payments during 2013-2016. CMS has claimed that aggressive corrective... READ MORE

Recently, a Hudson County, New Jersey-based health system (“Plaintiff”) filed a complaint in the United States District Court for the District of New Jersey alleging a conspiracy, in violation of the Sherman Act, § 2, between multiple parties to monopolize the general acute care hospital services market in Hudson County, New Jersey. Of note,... READ MORE

On April 9, 2020, the Internal Revenue Service (“IRS”) released Notice 2020-23 (the “Notice”), which provides additional relief for real estate investors affected by the ongoing COVID-19 pandemic. Among other actions, the Notice extends the deadline until July 15, 2020 for certain time-sensitive real estate investments with due dates occurring between April 1, 2020... READ MORE

On March 30, 2020, the Centers for Medicare & Medicaid Services (“CMS”) issued blanket waivers of the sanctions under Section 1877(g) of the Social Security Act and its regulations thereunder, more commonly known as the Stark Law. The waivers, which have a retroactive effect to March 1, 2020, will apply nationwide to financial relationships... READ MORE

On October 9, 2019, the Centers for Medicare & Medicaid Services (“CMS”) issued a proposed rule (the “Proposed Rule”) to amend the regulations interpreting the Stark Law. The Proposed Rule revises material portions of the Stark Regulations and includes critically necessary guidance on leasing arrangements subject to the Stark Law. This article provides a... READ MORE

In recent years, many health care providers have dedicated substantial resources to community health or initiatives targeted at improving social determinants of health. As outlined in a recent Hall Render article, the Tax Cuts and Jobs Act of 2017 gives health care providers a mechanism for furthering such goals while realizing significant tax savings... READ MORE

Donating space for charitable use may come at a price for health care providers under the Stark Law if they are not careful. The Stark Law[1], which was designed to prevent physicians from referring patients to provider entities in which the physicians have a financial interest, can ensnare even those providers acting with the best... READ MORE

Health care providers subject to the Stark Law and the Anti-Kickback Statute can face significant penalties for non-compliant arrangements. In the event that a provider discovers a potentially non-compliant arrangement, it may elect to disclose the arrangement to government officials in an effort to limit its liability. Potential Stark Law violations are often disclosed... READ MORE