Stark and Anti-Kickback Provisions in Health Care Real Estate Transactions: Key Drafting Considerations

Fraud and abuse considerations can have a significant impact on how health care transactions are structured, documented and managed. Understanding where potential issues may arise—and how to address them in transaction documents—is critical to reducing risk and avoiding unintended compliance concerns.

Join Hall Render attorneys Alyssa James and Dougie Barnard for a practical discussion of key fraud and abuse considerations in health care transactions. Using the Anti-Kickback Statute, Stark Law and False Claims Act as a framework, Alyssa and Dougie will discuss how these requirements affect common transaction terms and highlight drafting considerations that can help protect the parties involved.

Attendees will learn about:

  • Key fraud and abuse considerations that can arise when structuring health care real estate transactions;
  • How fair market value, commercial reasonableness and referral relationships can affect transaction terms;
  • Drafting considerations related to compensation, space requirements and other financial arrangements;
  • Common provisions and transaction structures that may create compliance concerns; and
  • Practical ways to identify and address potential issues during drafting, negotiation and ongoing administration.

This session is designed for rural hospitals, health systems, provider networks, state stakeholders and health care leaders involved in RHTP planning or implementation efforts.

Watch Video Below (Available beginning 9/11/26) | Download Slides