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Read Commercial Real Estate Law updates, news, and legal commentary from leading lawyers and law firms:

Free Parking, Yes, But No Stark Law Claim

by Ruder Ware on

A federal court recently dealt a victory to a health care provider over whistleblower allegations that free parking and valet service at a medical office building violated the Stark Law and the Anti-Kickback Statute....more

Some Will Always Have Paris: Withdrawal from the Climate Change Accord May Not Reduce the Heat on the Health Care Industry

President Trump’s decision earlier this month to withdraw the United States from the Paris Agreement—an international, nonbinding agreement to take steps to limit global temperature rise—followed a series of moves at the...more

Court Puts the Brakes on Whistleblower's FCA Parking Claims

by Baker Ober Health Law on

The Department of Justice (DOJ) reports that, in fiscal year 2016 ending September 30, it obtained more than $4.7 billion in settlements and judgments from civil cases involving fraud and false claims. More than half of this...more

Health Alert (Australia) 22 May 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 16 May 2017 - Realview Holdings Pty Ltd And City Of Busselton [2017] WASAT 71 - Town planning - Development application - Land use...more

Edinburgh Royal Hospital for Sick Children community right to buy application declined

by DLA Piper on

The Royal Hospital for Sick Children, Edinburgh is located in Marchmont and Sciennes, a leafy, desirable, residential area located a mile or so to the south of the city centre. The site extends to just over 4 acres and...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: - SC19576 - Briere v. Greater Hartford Orthopedic Group, P.C. - SC19576 Concurrence - Briere v. Greater Hartford Orthopedic Group, P.C. One might argue this decision...more

Additional Opportunity for Increased Extension of Building Permits and Development Orders: Interested parties must notify issuing...

by Bilzin Sumberg on

Due to Governor Scott's recent expansion of the State of Emergency issued for the Zika Virus, holders of permits and development orders have another opportunity to toll the period remaining to exercise rights under the permit...more

Alabama CON Report

I. Certificate of Need Program - A. AL2017-012, Crowne Health Care of Springhill, LLC, Mobile, AL: Proposes to relocate twenty-six (26) nursing home beds from Crowne Health Care of Mobile, LLC, a 174-bed nursing home....more

Leasing to Health Care Tenants: What You Need to Know

by Pepper Hamilton LLP on

Commercial office building landlords frequently find themselves leasing to health care provider tenants. A landlord may not consider doctor’s offices or diagnostic labs as specialty uses, but there are several lease...more

Illinois Supreme Court Declines to Rule on Constitutionality of Illinois Hospitals' Property Tax Exemption Law

by Hinshaw & Culbertson LLP on

There have been two new developments in the long running saga over a charitable property tax exemption for hospitals in Illinois....more

IRS Issues New Guidelines for Qualified Management Contracts for Facilities Financed with Tax Exempt Bonds

by Dickinson Wright on

Health care providers with facilities financed with tax exempt bonds need to be aware of recent changes to the IRS rules for qualified management contracts. On August 22, 2016, the IRS issued Rev. Proc. 2016-44 which...more

D.C. Superior Court Denies Nursing Facility Residents Protection Under TOPA

by Miles & Stockbridge P.C. on

The D.C. Superior Court recently denied residents of a nursing facility protections under the Tenant Opportunity to Purchase Act (“TOPA”) (D.C. Code § 42-3401 to -3405) when the residents sought an injunction to temporarily...more

The Latest on Property Tax Exemptions for Illinois Hospitals

by Franczek Radelet P.C. on

Recently, there have been several noteworthy developments in the controversy surrounding property tax exemptions for Illinois hospitals. For the past decade we’ve been providing updates as this issue progressed through the...more

Mississippi CON Report

Certificates of Need Approved and Staff Recommendations – December 2016 - 1. CON – Final Orders - a. CON Review Number: HG-A-0715-015 – Singing River Health System d/b/a Singing River Hospital – Amendment and Cost...more

Mississippi CON Report

Certificates of Need Approved and Staff Recommendations –November 2016. 1. CON – Final Orders - None - 2. CON – Staff Analysis - a. CON Review Number: HG-NIS-0816-015 – Choctaw Regional Medical Center –...more

Mississippi CON Report

Certificates of Need Approved and Staff Recommendations – October 2016 - A. Letters of Intent to Change Ownership - None - B. Determinations of Reviewability - 1. University of Mississippi Medical Center...more

Your 2017 Predictions (Part Four of Five)

Today’s result caught us off guard. We’ve read and heard a lot about the necessity of senior living communities investing in new technology to meet resident demands and to enhance the level of service employees can provide...more

Your Predictions for 2017 (Part Two of Five)

Continuing from yesterday, we are sharing the poll results of attendees at our recent Senior Housing Symposium.   The second question we asked was regarding interest rates for 2017 and whether attendees thought there would be...more

A Superficial Analysis of Competitive Foreclosure Won’t Play in Peoria

by Reed Smith on

A federal trial court rejected a hospital’s antitrust claims that it was substantially foreclosed from the market by its rival’s exclusive contracts with payors. The court concluded that foreclosure in healthcare services...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: AC37588 - Prime Locations of CT, LLC v. Rocky Hill Development, LLC - When a commercial condominium unit owner’s association refused to grant their approval for a...more

CMS Re-proposes Ban on Per-Click Fees for Space and Equipment Leases under Stark

by Baker Ober Health Law on

In the CY 2017 Medicare Physician Fee Schedule (CY 2017 MPFS), the Centers for Medicare & Medicaid Services (CMS) issued proposed updates to the physician self-referral law (Stark law). The primary Stark law update focused on...more

[Webinar] Healthcare Real Estate: Navigating Stark Law and the Anti-Kickback Statute in Real Estate Leasing - July 20th, 12:00pm...

by BakerHostetler on

When healthcare providers are involved in real estate leasing, they bring with them a host of laws and regulations that may be unfamiliar to professionals accustomed to handling traditional real estate leasing....more

HUD Proposes Expanding Indebtedness Eligible for Refinancing with FHA-Insured Loans

by Baker Donelson on

The U.S. Department of Housing and Urban Development (HUD) recently published proposed revisions to its Handbook covering its Healthcare Insurance Mortgage Program under Section 232 of the National Housing Act (the Section...more

Health Care Advisory: Georgia Hospitals Can Close the Door on Open Records Requests

by Alston & Bird on

In a closely watched case, the Georgia Court of Appeals, in Smith v. Northside Hospital, Inc., affirmed the determination that Northside Hospital—a private, nonprofit corporation—was not required to comply with a request for...more

Analysis of New Timeshare Arrangement Exception to the Stark Law – Part 2

by Dickinson Wright on

In a previous post, we analyzed the new Timeshare Arrangement exception to the Stark law that CMS proposed and went into effect on January 1, 2016. Here we give an example of how the new timeshare arrangement exception works...more

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