DecisionHealth, DecisionHealth - 2020 Issue 7 (July)

Do Stark waivers cover your rent break? Only if the break meets ‘COVID-19 purposes.’

Question: I understand there have been Stark Law waivers issued for the COVID-19 pandemic, and that one of the waivers covers rental arrangements that are under fair market value (FMV), which are usually forbidden under Stark. The shutdown has been hard on the finances of one of our clinics, and the health system that rents space to us, knowing it will be hard to find new tenants, has offered to forgive the rent on that clinic for a month or two to help it stay open. Would the Stark waivers allow such an arrangement?

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