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NEWS

SUMMER ASSOCIATE REFLECTIONS, WRITTEN BY ALAYNA M. PIWONSKI

JUNE 2020-BOARD OF DIRECTOR STATEMENT REGARDING COMMUNITY EVENTS

LUKINS & ANNIS, P.S. MOURNS THE LOSS OF GENE ANNIS, RETIRED FOUNDER OF THE FIRM, WHO PASSED THIS WEEK SURROUNDED BY HIS FAMILY.

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL: WHAT STEPS CAN I TAKE TO MINIMIZE RISK AND UNCERTAINTY IF I END UP IN A CONSTRUCTION DISPUTE?

Charles Hausberg  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL: WHAT ARE UNIQUE ISSUES IN HEALTH CARE OFFICE LEASES?

Joe Romberg  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL: EMPLOYEE RETIREMENT PLAN ERRORS

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL: ESTATE PLANNING

David Webster  

LOCAL NEWS: INVESTIGATION REOPENED IN DEATH OF BICYCLIST RYAN HOLYK

Mike Maurer  

LOCAL NEWS: IN HOLYK CASE, SCIENTIST'S TESTIMONY DOESN'T SQUARE WITH INVESTIGATORS' STATEMENTS

Mike Maurer  

LOCAL NEWS: EASTERN STATE HOSPITAL SETTLES PATIENT DEATH LAWSUIT FOR $360,000

Mike Franklin   Kelly Konkright  

WSBA PRESIDENT'S CORNER: HOW WILL YOU BE REMEMBERED? LEADING BY DOING AND THE WELL-LIVED LIFE

SPECIAL REPORT BILL HYSLOP: ENSURING ACCESSIBLILITY

WSBA PRESIDENT'S CORNER: WHAT ARE YOUR PERSONAL "LEGAL" RESOLUTIONS FOR THE NEW YEAR?

WSBA PRESIDENT'S CORNER: THE RISING COST OF LITIGATION AND ACCESS TO JUSTICE

WSBA PRESIDENT'S CORNER: EQUAL JUSTICE UNDER LAW

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - EASEMENTS

WILLIAM HYSLOP SWORN IN AS WSBA PRESIDENT

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - HIPAA

L&A IN LOCAL NEWS> HOLYK'S DNA FOUND ON PATROL CAR; SHERIFF DENIES THAT DEPUTY HIT BICYCLIST

Mike Maurer  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - EMPLOYEE HANDBOOKS

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - PROBATE

Tom Culbertson  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - WHAT VALUE DOES A BUSINESS ATTORNEY BRING TO MY COMPANY?

Paul Davis  

IDAHO SUPREME COURT JUSTICE COMPLIMENTS WINNING LUKINS & ANNIS ATTORNEY IN TRUST LITIGATION

LUKINS & ANNIS CLIENT OBTAINS REVERSAL OF INJUNCTION ON LAND USER RESTRICTIONS BY THE IDAHO SUPREME COURT

Michael Hines  

LUKINS & ANNIS CLIENT OBTAINS DISMISSAL OF HOME OWNER'S LAWSUIT BY DIVISION III OF THE WASHINGTON STATE COURT OF APPEALS

LUKINS & ANNIS CLIENT OBTAINS SIGNIFICANT 9TH CIRCUIT DECISION AGAINST RED LION HOTEL FRANCHISOR UNDER WASHINGTON FRANCHISE INVESTMENT PROTECTION AND CONSUMER PROTECTION ACTS

Mike Maurer  
ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL: WHAT ARE UNIQUE ISSUES IN HEALTH CARE OFFICE LEASES?

Joe Romberg

Q:What are unique issues in health care office leases?

A: Health care leases present unique issues for landlords and tenants to address during lease negotiations. The specialized nature of health care (whether medical, dental, or any other specialty) requires careful consideration beyond what most standard lease forms provide.

For example, every health care lease should clearly address the issue of not just hazardous materials in general, but should also address the issue of medical waste specifically. Responsibility for the storage, handling, and removal of medical waste, if not clearly delineated, can lead to disagreements and unforeseen liability.

Similarly, the lease should also address how confidential patient information is handled, stored, and destroyed or removed at the end of the lease term. For instance, what happens if a health care provider vacates the space and leaves behind files containing personal health records? Does the lease adequately address this situation?

Issues can also stem from federal laws, particularly the Stark Law and Anti-Kickback Statute. The regulations are extremely complex but generally designed to prevent health care providers from making prohibited referrals in exchange for an unpermitted benefit. These laws include certain restrictions on office sharing and subleasing. As such, a well intentioned real estate deal can run afoul of these laws with severe consequences if not considered in the drafting process.

Joe Romberg an attorney at the law firm of Lukins & Annis, where his practice includes Business & Corporate, Real Estate, Commercial Leasing, urchase & Sale of Real Property and Health Care.

Published in the May 11, 2017 issue of the Spokane Journal of Business.

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