Rental space







With all of these industry cuts is anyone else wondering how long our rental agreements are going to be able to last?

Hey troll please notice how quite this board is compared to yours. So thanks for updating our time stamp from December to February.
Now please go back to what you do best which is playing video games in your parents basement and complaining that your mommy doesn't clean your sheets often enough!!
 






Hey troll please notice how quite this board is compared to yours. So thanks for updating our time stamp from December to February.
Now please go back to what you do best which is playing video games in your parents basement and complaining that your mommy doesn't clean your sheets often enough!!

The industry we work in now is much different than it was in December. If you can't recognize that then I feel very bad for you. The fact that, instead of engaging in a conversation about an issue that will soon be presenting itself within our company, you chose to attack me is indication enough of your lack of higher level knowledge within our company.

Kids play corner is over there. I'm here for intelligent grown up conversations only.
 






The industry we work in now is much different than it was in December. If you can't recognize that then I feel very bad for you. The fact that, instead of engaging in a conversation about an issue that will soon be presenting itself within our company, you chose to attack me is indication enough of your lack of higher level knowledge within our company.

Kids play corner is over there. I'm here for intelligent grown up conversations only.

You forgot to sign off with your lame moniker: "Hope this helps", troll.
 






You forgot to sign off with your lame moniker: "Hope this helps", troll.

It would appear to everyone except for yourself that you are the troll in this conversation. Your comments only bring more thread views so please by all means keep replying. You're doing nothing but helping my cause to bring people here to discuss the continuation of our rental space agreements.
 






It would appear to everyone except for yourself that you are the troll in this conversation. Your comments only bring more thread views so please by all means keep replying. You're doing nothing but helping my cause to bring people here to discuss the continuation of our rental space agreements.

1. Apportionment of exclusive office space - The supplier's rent should be calculated based on the ratio of the time the space is in use by the supplier to the total amount of time the physician's office is in use. In addition, the rent should be calculated based on the ratio of the amount of space that is used exclusively by the supplier to the total amount of space in the physician's office. For example, where a supplier rents an examination room for four hours one afternoon per week in a physician's office that has four examination rooms of equal size and is open eight hours a day, five days per week, the supplier's prorated annual rent would be calculated as follows:

Physician Office
Rent Per Day



% of Each Day
Rented by
Supplier


No. of Days Rented
by Supplier

Per Year


annual rent of primary leaseno. of work days per year

X
sq. ft. exclusively
occupied by suppliertotal office sq. ft.

X
4 hours8 hours

X
52 days (i.e.,
1 day per week)

=
Supplier's annual
rent for
exclusive space

2. Apportionment of interior office common space - When permitted by applicable regulations, rental payments may also cover the interior office common space in physicians' offices that are shared by the physicians and any subtenants, such as waiting rooms. If suppliers use such common areas for their patients, it may be appropriate for the suppliers to pay a prorated portion of the charge for such space. The charge for the common space must be apportioned among all physicians and subtenants that use the interior office common space based on the amount of non-common space they occupy and the duration of such occupation. Payment for the use of office common space should not exceed the supplier's pro rata share of the charge for such space based upon the ratio of the space used exclusively by the supplier to the total amount of space (other than common space) occupied by all persons using such common space.

3. Apportionment of building common space - Where the physician pays a separate charge for areas of a building that are shared by all tenants, such as building lobbies, it may be appropriate for the supplier to pay a prorated portion of such charge. As with interior office common space, the cost of the building common space must be apportioned among all physicians and subtenants based on the amount of non-common space they occupy and the duration of such occupation. For instance, in the example in number one above, the supplier's share of the additional levy for building common space could not be split 50/50.

The Space Rental Safe Harbor Can Protect Legitimate Arrangements

We strongly recommend that parties to rental agreements between physicians and suppliers to whom the physicians refer or for which physicians otherwise generate business make every effort to comply with the space rental safe harbor to the anti-kickback statute. (See 42 CFR 1001.952(b), as amended by 64 FR 63518 (November 19, 1999)). When an arrangement meets all of the criteria of a safe harbor, the arrangement is immune from prosecution under the anti-kickback statute. The following are the safe harbor criteria, all of which must be met:

  • The agreement is set out in writing and signed by the parties.
  • The agreement covers all of the premises rented by the parties for the term of the agreement and specifies the premises covered by the agreement.
  • If the agreement is intended to provide the lessee with access to the premises for periodic intervals of time rather than on a full-time basis for the term of the rental agreement, the rental agreement specifies exactly the schedule of such intervals, their precise length, and the exact rent for such intervals.
  • The term of the rental agreement is for not less than one year.
  • The aggregate rental charge is set in advance, is consistent with fair market value in arms-length transactions, and is not determined in a manner that takes into account the volume or value of any referrals or business otherwise generated between the parties for which payment may be made in whole or in part under Medicare or a State health care program.
  • The aggregate space rented does not exceed that which is reasonably necessary to accomplish the commercially reasonable business purpose of the rental.
Arrangements for office equipment or personal services of physicians' office staff can also be structured to comply with the equipment rental safe harbor and personal services and management contracts safe harbor. (See 42 CFR 1001.952(c) and (d), as amended by 64 FR 63518 (November 19, 1999)). Specific equipment used should be identified and documented and payment limited to the prorated portion of its use. Similarly, any services provided should be documented and payment should be limited to the time actually spent performing such services.
 






1. Apportionment of exclusive office space - The supplier's rent should be calculated based on the ratio of the time the space is in use by the supplier to the total amount of time the physician's office is in use. In addition, the rent should be calculated based on the ratio of the amount of space that is used exclusively by the supplier to the total amount of space in the physician's office. For example, where a supplier rents an examination room for four hours one afternoon per week in a physician's office that has four examination rooms of equal size and is open eight hours a day, five days per week, the supplier's prorated annual rent would be calculated as follows:

Physician Office
Rent Per Day



% of Each Day
Rented by
Supplier


No. of Days Rented
by Supplier

Per Year

annual rent of primary leaseno. of work days per year

X
sq. ft. exclusively
occupied by suppliertotal office sq. ft.

X
4 hours8 hours

X
52 days (i.e.,
1 day per week)

=
Supplier's annual
rent for
exclusive space

2. Apportionment of interior office common space - When permitted by applicable regulations, rental payments may also cover the interior office common space in physicians' offices that are shared by the physicians and any subtenants, such as waiting rooms. If suppliers use such common areas for their patients, it may be appropriate for the suppliers to pay a prorated portion of the charge for such space. The charge for the common space must be apportioned among all physicians and subtenants that use the interior office common space based on the amount of non-common space they occupy and the duration of such occupation. Payment for the use of office common space should not exceed the supplier's pro rata share of the charge for such space based upon the ratio of the space used exclusively by the supplier to the total amount of space (other than common space) occupied by all persons using such common space.

3. Apportionment of building common space - Where the physician pays a separate charge for areas of a building that are shared by all tenants, such as building lobbies, it may be appropriate for the supplier to pay a prorated portion of such charge. As with interior office common space, the cost of the building common space must be apportioned among all physicians and subtenants based on the amount of non-common space they occupy and the duration of such occupation. For instance, in the example in number one above, the supplier's share of the additional levy for building common space could not be split 50/50.

The Space Rental Safe Harbor Can Protect Legitimate Arrangements

We strongly recommend that parties to rental agreements between physicians and suppliers to whom the physicians refer or for which physicians otherwise generate business make every effort to comply with the space rental safe harbor to the anti-kickback statute. (See 42 CFR 1001.952(b), as amended by 64 FR 63518 (November 19, 1999)). When an arrangement meets all of the criteria of a safe harbor, the arrangement is immune from prosecution under the anti-kickback statute. The following are the safe harbor criteria, all of which must be met:




    • The agreement is set out in writing and signed by the parties.



    • The agreement covers all of the premises rented by the parties for the term of the agreement and specifies the premises covered by the agreement.



    • If the agreement is intended to provide the lessee with access to the premises for periodic intervals of time rather than on a full-time basis for the term of the rental agreement, the rental agreement specifies exactly the schedule of such intervals, their precise length, and the exact rent for such intervals.



    • The term of the rental agreement is for not less than one year.



    • The aggregate rental charge is set in advance, is consistent with fair market value in arms-length transactions, and is not determined in a manner that takes into account the volume or value of any referrals or business otherwise generated between the parties for which payment may be made in whole or in part under Medicare or a State health care program.



    • The aggregate space rented does not exceed that which is reasonably necessary to accomplish the commercially reasonable business purpose of the rental.
Arrangements for office equipment or personal services of physicians' office staff can also be structured to comply with the equipment rental safe harbor and personal services and management contracts safe harbor. (See 42 CFR 1001.952(c) and (d), as amended by 64 FR 63518 (November 19, 1999)). Specific equipment used should be identified and documented and payment limited to the prorated portion of its use. Similarly, any services provided should be documented and payment should be limited to the time actually spent performing such services.

Go ahead and rent. It makes is easier for us to find the offices needing an audit.
 






Go ahead and rent. It makes is easier for us to find the offices needing an audit.

Bring it.

"When an arrangement meets all of the criteria of a safe harbor, the arrangement is immune from prosecution under the anti-kickback statute."

Waste your time, not mine. Some labs do this right, broad brush boy.
 






The industry we work in now is much different than it was in December. If you can't recognize that then I feel very bad for you. The fact that, instead of engaging in a conversation about an issue that will soon be presenting itself within our company, you chose to attack me is indication enough of your lack of higher level knowledge within our company.

Kids play corner is over there. I'm here for intelligent grown up conversations only.

Clearly your phishing!!! If you really wanted to know the answer, you wouldn't pick this shithole... you would email your team like a normal employee.