Health Commercial Real Estate

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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

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

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

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...

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

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

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

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

Hospital property tax exemption under attack in Illinois

On Jan. 5, 2016, the Illinois Fourth District Appellate Court ruled in the Carle Foundation Hospital case that an Illinois state law providing for property tax exemptions for certain not-for-profit hospitals is...more

Uncertainty Remains Surrounding the Nonprofit Hospital Tax Exemption

In a recent ground-breaking decision, the New Jersey Tax Court in AHS Hospital Corp., d/b/a Morristown Memorial Hospital v. Town of Morristown shattered the previous near incontestability of the tax exemption that has...more

A Purchaser’s Guide for Preparing a Closing Checklist in a Skilled Nursing Home Property Acquisition

Prior to acquiring any real estate, which will be operated as a skilled nursing facility (“SNF”), a purchaser should perform a thorough due diligence investigation as to any material facts or issues relevant to the intended...more

New Law Targets Supervisors for Wage Liability

Senate Bill 588, referred to as the wage theft bill, significantly expands individual liability for wage and hour violations by authorizing the Labor Commissioner to hold a hearing to recover civil penalties for wage and hour...more

Medical Marijuana and Commercial Real Estate in California and Beyond

BB&K attorney Seena Samimi discussed in a Lawline presentation how conflicting medical marijuana laws impact commercial real estate owners, and what they should know in leasing to dispensaries. Real estate impacts...more

Potential Changes to Long-Term Care Licensure in Massachusetts

Regulations proposed by the Massachusetts Department of Public Health (“DPH”) may significantly change the procedure for state approval of nursing home sales and closures. Following public scrutiny around state inspection...more

BIG DEAL MONDAY: Summer Deals Heating Up the Market

Our friends at Senior Housing News (www.seniorhousingnews.com) have reported on a number of recent transactions that show the senior housing market continues to be hot, just like the summer weather here in Florida!...more

Environmental and Energy: NYS Department of Health Emergency Regulations - Cooling Tower (8/15)

In response to the recent outbreak of Legionnaires’ disease in New York City, emergency regulations requiring testing and inspection of building cooling towers statewide became effective on Monday, August 17, 2015 (the...more

Womble Carlyle Legislative Update - August 7, 2015

Angel and Laura worried all week about what we could tell you about in our weekly update, but then yesterday happened. Lo and behold this week has written itself. Silly us! New Senate Budget Strategy: truce, sort...more

Morristown Memorial Hospital: A Tax Exemption Ruling All Nonprofit Hospitals Need to Know About

A recent New Jersey Tax Court decision has nonprofit entities on edge. The decision may offer tax authorities the opportunity to pursue payments from nonprofit hospitals and may result in the redefining of tax exemptions by...more

Arizona Court: Argument that All Business Income Loss Caused by a Wildfire is Covered is “Off Base”

Several weeks ago in White Mt. Communities Hosp., Inc. v. Hartford Cas. Ins. Co., 2015 WL 1755372, 2015 U.S. Dist. LEXIS 50900 (D. Ariz., Apr. 17, 2015), an Arizona federal court underscored that business interruption losses...more

Summary of HUD's LEAN 232 Program E-mail Blast: Office of Residential Care Facilities (ORCF), April 30, 2015

In an effort to summarize the highlights of the LEAN Email Blasts that we receive, and rarely have time to review in a timely fashion, we at Pepper Hamilton are providing this quick synopsis of the latest LEAN update. Our aim...more

Maryland Legislative Update

On April 13, 2015 after the release of the traditional sine die balloons and streamers, the first General Assembly of the newly elected Governor Lawrence J. Hogan, Jr. concluded with much success. With bills awaiting...more

Ticking time bomb in your office lease?

Benjamin Osgood, of the Tenant Advocate, brings up a good point that I've noticed becoming MUCH more of an issue lately -- restoration provisions obligating the tenant to return the space to the condition in which they...more

Of Broken Leases and ‘Broken Windows’

On Dec. 3, 2014, the Division of Enforcement of the U.S. Securities and Exchange Commission brought an enforcement action against two former top executives of Assisted Living Concepts LLC, a large provider of senior living...more

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