Numerous real estate issues are unique to health care providers due to the heavily regulated nature of the health care industry. Unlike general real estate practitioners, Hooper, Lundy & Bookman’s real estate attorneys have expertise in representing the full spectrum of health care providers, and have a clear understanding of the issues that are particular to health care real estate transactions.
The firm has extensive real estate experience related to a variety of business transactions, including acquisitions, real estate secured financings and re-financings, leases and other property use arrangements, and construction loans. This expertise includes handling all real estate aspects of sales and leases of hospital facilities, nursing homes, other health facilities, as well as medical office buildings. The firm handles real estate matters for a wide variety of health care clients, ranging from large multi-campus health systems and governmental and quasi-governmental entities (such as district hospitals), to smaller community hospitals, surgery centers, laboratories, diagnostic facilities and physician groups.
- Advising and assisting clients with land and facility sales and acquisitions, including negotiating and assisting with diligence of target properties, conducting title and survey reviews, drafting and negotiating transfer documents and coordinating escrow and closing actions.
- Drafting and negotiating commercial leases and subleases for lessors and lessees, including ground leases, whole and partial project leases, and “time share” part-time leasing arrangements for a variety of clients, such as hospitals and their affiliated medical office buildings, surgery centers, imaging centers, and skilled nursing facilities.
- Structuring real estate transactions to ensure regulatory compliance with fraud and abuse laws, including the federal Stark and Anti-kickback laws and their state counterparts.
- Representing borrowers in financed real estate transactions, including reviewing and negotiating applicable documents, providing loan opinions, and arranging required title clearances.
- Assisting in obtaining and negotiating lease estoppels and subordination, non-disturbance and attornment agreements.
- Advising facility clients in connection with campus-based and other development and construction arrangements – such as in the context of on-campus MOB projects – including related arrangements such as reciprocal easement and maintenance agreements, reciprocal parking and use agreements, and restrictive covenants between adjacent parcels.
- Assisting clients with lease workouts, including restructurings and early termination settlement agreements
- Handling real estate disputes for provider clients, including lease disputes, construction defect in hospital/surgery center context, unlawful detainer.