• videocam Live Webinar with Live Q&A
  • calendar_month September 10, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Real Property - Transactions
  • schedule 90 minutes

Medical Office Leases: Navigating Stark Law, Anti-Kickback Statute, Operational Restrictions, and More

Drafting to Address Reciprocal Easements, Ground Leases, HIPAA, ADA, and Environmental Issues Unique to Medical Office Use

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Discount expires 8/27/26

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CLE
ALL
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About the Course

Introduction

This CLE course will prepare real estate counsel to draft medical office leases that address regulatory and operational restrictions associated with medical office space. The panel will discuss how to develop agreements that qualify for an exemption under the federal Stark Law and a safe harbor under the federal Anti-Kickback Statute, how hospital affiliations and environmental concerns may impact lease provisions, and more.

Description

Medical office leases differ from standard commercial leases in several respects. There may be development and title issues unique to a medical office building (MOB) because it may be located within a hospital campus and may be subject to medical use restrictions and easements that impact its operation.

The hospital owner often desires to retain fee ownership of an entire medical campus, so the MOB might also be subject to a ground lease. Counsel for the landlord or the tenant will want to see these matters addressed in the agreement.

There are also federal regulations to consider in drafting medical office leases. Medical office leases may be subject to the Stark Law or the Anti-Kickback Statute, which applies to referrals for services payable under federal healthcare programs.

Leases require specified criteria to comply with federal Stark and Anti-Kickback regulations and qualify for an exception and/or safe harbor. MOB leases should also address the obligations of the landlord and the tenant regarding HIPAA, ADA, and environmental compliance.

Listen as our authoritative panel discusses the development and regulatory issues associated with medical office leases. The panel will review the operational constraints often presented by restrictive covenants, easements, and ground leases impacting MOBs, the best leasing practices for achieving compliance with the Stark Law and the Anti-Kickback Statute, and compliance with HIPAA, ADA, and environmental regulations particular to medical offices.

Presented By

Austin C. Cohen
Attorney
BakerHostetler

Mr. Cohen represents owners, developers, operators and investors in the acquisition, development, leasing and disposition of commercial real estate assets. His experience spans a variety of asset classes, including retail, office, industrial, health care, hospitality and mixed‑use projects. Mr. Cohen routinely advises clients throughout all stages of complex real estate transactions, including deal structuring, due diligence, negotiation and closing. He regularly serves as the day‑to‑day lead on matters involving development projects, portfolio transactions and sophisticated leasing arrangements, coordinating with internal specialists and opposing counsel to efficiently advance transactions toward closing. Mr. Cohen works with clients across industries such as health care, logistics, aviation and hospitality, and is valued for delivering practical, business‑focused advice that aligns legal solutions with broader commercial objectives.

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Kimberly S. Ruark
Counsel
BakerHostetler

Ms. Ruark focuses her practice on transactions and regulatory matters for the healthcare industry. She is scrupulous in guiding hospitals, health systems, and physicians through complex contract arrangements that match the client’s business aims. Ms. Ruark also counsels healthcare industry clients on issues of fraud and abuse and Stark Law compliance matters.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, September 10, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Development and title matters to address in medical office leases

A. Reciprocal easements and operational covenants relating to an affiliated hospital

B. Ground lease of MOB

II. The Stark Law and the Anti-Kickback Statute

A. Potential liability for landlords and tenants

B. Exemptions from the statutes: drafting considerations

III. Environmental issues particular to medical offices: hazardous waste disposal

IV. HIPAA

V. ADA and other considerations

VI. Key takeaways

The panel will review these and other key issues:

  • Is there an affiliate relationship between the MOB and an existing hospital that will impact the landlord's obligations or the tenant under a medical office lease?
  • What are the kinds of restrictions or easements to address in the lease?
  • What are the leasing criteria to comply with Stark Law and the Anti-Kickback Statute?
  • How should HIPAA be addressed in a medical office lease?
  • What are the other provisions particular to a medical office lease?