Tag Archives: physician
Lease Vs. Buy Vs. Sale Leaseback
The Different Types of Ambulatory Surgery Centers
As commercial real estate professionals, with a strong, unique focus in the medical arena, we are involved in communication with several types of medical real estate owners and operators in the Greater Houston area on a routine basis. Through our network of partners, vendors, physicians and hospital systems, we have had the privilege of a thorough comprehension of how the Ambulatory Surgery Center functions, thus creating significant value upon acquisition, disposition, and JV opportunities. We would like to dedicate this post to those that would like to increase their basic understanding of the Ambulatory Surgery Center (ASC).
First, the the ASC Safe Harbor regulations identify four different types of Ambulatory Surgery Center entities that may meet safe harbor protection. These four types of ASC’s include Surgeon-Owned ASC’s, Single-Specialty ASC’s, Multi-Specialty ASC’s and Hospital-Physician ASC’s. Each category has separate requirements that must be met in addition to the threshold requirements that are applicable to all ASC’s to meet the safe harbor.
Surgeon-Owned ASC’s
Owners of a surgeon-owned ASC may only include general surgeons or surgeons in the same surgical specialty. The surgeons must be in a position to make referrals to the ASC and to perform surgical procedures on the patients that they refer. Each surgeon owner must meet a variety of criteria, one of which is an income test for the previous fiscal year or 12-month period. Each surgeon must derive at least one-third of their total medical practice income from performing surgical procedures that require an ASC or Hospital surgical setting, not location. This structure does not require all procedures to be performed in the ASC in which they are an investor. However, when a surgeon’s annual revenues are calculated, at least one-third of the physicians medical practice revenues, must come from the surgeon’s performance of procedures that are listed, as Medicare covered services in an ASC. The surgical services may be performed in an ASC or in a hospital outpatient department and are not limited to the procedures actually performed in the surgeon-owned ASC.
Single-Specialty ASC’s
This safe harbor allows physicians within the same specialty, whether or not they are surgeons, to invest in an ASC to which they refer their patients and perform surgical procedures on patients in the ASC. Group practices composed of a single-specialty may also own as well as refer to their own ASC.
Multi-Specialty ASC’s
This safe harbor permits physicians, who are in a variety of specialties, to form an ASC and make referrals to the ASC. Physician investors in multi-specialty ASC must meet the one-third practice revenue test described above in relation to surgeon-owned ASC’s. However, unlike surgeon-owned ASC’s, physicians in multi-specialty ASCs must actually perform one-third of their ASC procedures in the ASC in which they hold an financial interest. This is commonly referred to as the “one-third/one-third” test. The reasoning behind this requirement is that in this category of ASC, the physicians are actually using the ASC as an extension of their medical office and this does not create significant incentives to generate referral revenues for other investors. Group practices, composed exclusively of physicians who meet the one-third/one-third test, may also invest in multi-specialty ASC’s.
Hospital/Physician ASCs
Under this safe harbor, a hospital, or several hospitals, must be an investor in the Ambulatory Surgery Center. The remainder of the investors must be physicians, or group practices, who meet the requirements for a surgeon-owned ASC. There are a number of additional requirements that must be met by physician/hospital ASCs.
If you are an investor or owner, operator or interested party, please provide a call to Robert S. “Bob” Lowery for assistance for Greater Houston Ambulatory Surgery Centers.
The Stark Law and Healthcare Real Estate
Everyone working in the healthcare real estate sector should have some basic knowledge of the Physician Self-Referral Act, otherwise known as the Stark Law. In a nutshell, the Stark Law prohibits a healthcare service provider, such as a hospital or outpatient facility, from submitting claims for Medicare/Medicaid reimbursement for services rendered to a patient referred by a doctor with whom the service provider has a financial relationship unless the relationship fits within certain exceptions. The public policy rationale was to discourage physicians from allowing financial considerations to influence their professional judgment.
How does Stark impact medical office building leasing and development? When a physician leases office space from a hospital to which he refers patients or when a hospital leases space in a building owned by a referring doctor, the lease is considered a financial arrangement subject to Stark restrictions. As long as a specific lease transaction between a hospital and a physician continues to satisfy a few conditions, no Stark violation will result. These lease exception criteria include: a written lease that is signed by both parties that adequately describes the leased premises; a term of at least 1 year; premises that are commercially reasonable for the intended purpose (the intended purpose must be legitimate from a business standpoint).
Unfortunately under Stark there is no such thing as a permissible “technical violation,” that is, any violation, however insignificant or inadvertent, is a violation of a federal statute that carries stout sanctions imposed by the Centers for Medicare/Medicaid Services. These Stark sanctions include civil monetary penalties (up to $15,000 per claim submitted to CMS while the violation existed), exclusion from the federal Medicare/Medicaid programs, and exposure to whistleblower lawsuits. The reality is that most hospitals and hospital systems that own physician office space likely have dozens if not hundreds of technical, inadvertent violations of the Stark Law related to their leases with physicians or other referral sources. Until now, hospitals have dealt with this potentially serious situation by correcting any violations and moving on. The correction might take the form of executing a lease amendment extending a term, obtaining a missing signature or attempting to collect back rent.
The impact from the new Stark self-disclosure rules could be significant. From the perspective of a hospital buyer, there may be a dampened enthusiasm for new transactions involving the purchase of MOBs, especially where the seller is an asset-challenged, not-for-profit system whose offer of indemnification against Stark liability is not exactly gold plated. It is not unusual for Stark violations, both technical and substantive in nature, to be discovered during the due diligence phase of such transactions. Potential hospital buyers will be less willing than ever to pull the trigger. From the hospitals’ standpoint, however, the changes could enhance the motivation to monetize their MOB portfolios. Monetization could accelerate in an effort by these service providers to shield themselves from the perceived arbitrary nature of CMS-enforced settlements following the now mandatory self-disclosure laws and the obligation to refund payments to CMS.
Time will tell with regard to the approach CMS decides to take, but in the interim, the name of the game should be reducing exposure to risk. This desire to reduce risk will have ripple effects through the healthcare real estate sector of the market.
Healthcare Real Estate: Past, Present, and Future
Continuing on our path towards emerging from what some have considered the worst downturn since the Great Depression, the majority of the Greater Houston medical landscape has weathered the storm in good shape. Now, with the advent of healthcare insurance reform, many supply-demand economists are predicting a solid future for the healthcare real estate industry and its continued growth.
Availability of Capital
Although medical real estate did not experience the same severe disruption to capital lines that commercial real estate faced in late ’08 and through ’09, capital remained available to the sector; albeit at a higher cost. Debt financing demanded greater equity, higher pricing, guarantees and committed take-out financing, which made it it difficult to finance real estate projects. Many institutional investors were on the sidelines. However, the projects with average to good fundamentals were funded.
From this experience, the industry was forced to adapt to a lower tolerance to risky ventures. Thus, due to this collapse in rick beginning in ’08, we can guarantee investors will no longer come to expect 90 percent debt financing, sub-6.25 percent cap rates and lax underwriting by lenders. Significantly higher equity requirements, a strict focus on Class A and newly built properties, rigid due diligence procedures, and higher pricing have become the standard.
Pre-2008, many of the larger banks consumed financial instruments that we now know were toxic waste, subprime mortgages being the most publicized. In 2007, and well into 2008, banks were issuing funding commitments on development projects with 0-25% pre-leasing. When the credit markets turned south, most of those projects were canceled, foreclosed upon, or the related hospitals booted the developer and either shelved the project or turned it over to another managing entity. Those institutions that maintained sensible lending criteria and stuck to their knitting remained in the market and found a loyal group of developers/borrowers. Lender due diligence has become more rigid. Pre-leasing requirements of 65-75 % on new development projects are now required.
Unfortunately, many real estate practioners are attempting to enter this sacred market without ever stepping a toe in. These recent entrants into the market will find themselves redlined and eliminated from further consideration, due to a lack of reliable capital, a depth of experience, or both. On top of this, the relationships that have been developed by hospital to physician, physician to physician, and physician to developer requires a long history of accomplishments prior to jumping in head first.
Hot Investment Sector
Throughout the recession and the credit crisis, an imbalance between the supply of buildings and the capital seeking to acquire them has caused values to remain buoyant. Prior to the recession, capitalization rates were firmly trending downward, driven by higher prices and sustaining a seller’s market. Cap rates were in the mid- to low-6s with a few trades breaking the 6 percent barrier. Once the recession hit, the volume of transactions subsided as credit was difficult to obtain, driving down values and sending cap rates north of 8.5%. Meanwhile, most medical buildings continued to exhibit strong fundamentals during this period, unlike commercial office, industrial and retail properties which have suffered increasing vacancies, delinquent tenants, past due loan payments and lenders calling loans.
This imbalance is more pronounced today as institutional investors such as REITs are flush with cash seeking quality investments. Hospitals are the main source of supply as they consider monetization strategies to sell non-core real estate assets. Because a financial strategy of diversifying capital sources is gaining strength among the hospital community, the volume of monetization transactions and outsourcing new development projects to ‘established’ healthcare real estate players should increase. There is ample capital awaiting these opportunities.
Search for Stability
Many hospitals and health systems suspended projects during the recession. Why? Inaccessibility of capital, weaker operating performance due to declining patient revenue and increasing bad debt and charity care, uncertainty surrounded the economy and employment, and the political gamesmanship regarding healthcare reform. Even when capital was available, hospital CEOs and their staffs made strategic decisions to delay expansion efforts because of these market uncertainties.
Overarching all of this, however, is the future pace of an economic recovery. As of today, economists are debating the threat of deflation, a double-dip recession, and the potential onset of inflation. We are in tenuous economic times, both domestically and internationally. Consumer confidence is lower than estimates. Housing prices continue to search for a bottom. Commercial real estate loans are defaulting at an alarming pace. Corporations hoard cash awaiting the next economic shoe to drop, thereby delaying capital spending… hiring. Until the economy finds its footing, our country will face high unemployment rates, depressed capital spending levels and consumer cautiousness. Healthcare providers will continue to struggle over decisions to proceed with new facilities.
Construction Costs..Up or Down?
One of the recession’s benefits has been the resulting decrease in construction labor and materials. Depending on the region of the country, developers have experienced a 10-20 percent reduction in construction costs over the past 18-24 months. This phenomenon, though, may be short lived as the market has experienced increases in most construction items. However, with little competition from the commercial real estate market for new construction resources, stable construction prices may prevail a bit longer.
A Final Word
All said, where the healthcare real estate industry goes from here may appear promising or frightening, depends entirely on your working experience within the sector. While I would implore real estate professionals to always seek more education and relationships within this sector, be prepared to serve an already serviced industry.
Factors To Consider When Selecting a Medical Location
“Location, location, location…” This wise old real estate adage does not just apply to buying a commercial real estate building, but is also relevant to healthcare groups who are looking to either relocate or expand to a new office. Whether you are moving your practice to another state or just a few blocks away from your current office, choosing the right location will become a vital strategy in the overall success of your organization.
Competition
In the olden days, a doctor might have just placed a sign outside a window and started seeing patients. Nowadays, there’s a doctor on every street corner! How can you possibly position yourself so that patients actually come to you?
An obvious way is to survey the population-to-professional ratio for the specific area in which you are interested. Obviously, the lower the number of competing professionals, the less competition in the market. But, where exactly are your competitors located? How aggressive is their marketing? What kinds of marketing do they do? Is it effective?
This simple analysis may open up some overlooked and exciting opportunities for you. Professionals often overpopulate upscale areas, while rarely considering enormous opportunities that exist a few miles away in middle and even lower income neighborhoods.
Demographics
Research population statistics and determine whether the region of your choice makes practical sense for your organization. Given your profession and specialty, do you want to target men, women, young or old, blue or white collar?
Also consider whether or not the population is growing or declining – it has been easier to break into newer communities than mature ones where you would have to take patients away from practitioners who set up shop many years ago.
If you own an elective or cosmetic practice, you should also consider education and income levels, though be careful about the assumptions you make. For example, we know many highly successful plastic surgeons quietly performing impressive volumes of breast enhancement and liposuction surgeries in low and middle income neighborhoods where their competitors would not consider.
We like to suggest choosing a minimum of at least three submarkets to explore. You can get very detailed demographic research from our brokerage office regarding these potential submarkets. Also, we will provide you a detailed map of existing competitor locations, given your specialty, as well as a center per population. This will determine if this market is saturated or requires medical growth now and in the future.
Our clients have been discouraged by the data provided by chambers, local and political organizations as they often are dated, or biased. Most of the larger brokerage shops will subscribe to non-biased research and news to assist in location analysis.
Traffic Patterns
What are the major thoroughfares for business and residential commuters within a five-mile radius for your area? Where are popular businesses such as supermarkets and banks located? The most popular businesses attract potential clients for your organization. Also, upscale businesses can attract upscale clients – an example, Starbucks.
An issue many healthcare professionals do not consider is traffic patterns. This takes some research if you are going to attempt to locate yourself without brokerage assistance. But, you can go the city records for existing traffic counts around the sites you are considering. Or you can go out yourself and, literally, count the cars going down your street per hour, morning and afternoon. As a rule of thumb, 35,000 cars a day should be considered when evaluating a retail location, but what you are not privy to are the streets that have the potential for massive growth in the future. Also, remember that while we all despise sitting in traffic, the slower things move, the greater the visibility.
Something else you may consider is what side of the street is most convenient to your customer. If most of your patients make appointments in the afternoon hours and congestion is heavier going west, that is the side you choose. Another consideration is accessibility: No one likes having to U-Turn, especially in Houston.
Signage
If your practice is consumer-direct, frontage signage is crucial. So, once you’ve narrowed your choice to a few locations, check local regulations on outside office signs. Are there signage restrictions enforced by the landlord? If your customers cannot see you from the street, you may as well be invisible, so it may be crucial to negotiate for your sign’s visibility. But, what does signage matter when the street is inundated with them? Another negotiation point.
Additional items to consider:
Make sure you study at least five to ten sites in your targeted area. When chosen, consider the following:
- If you rely heavily on insurance, consider the employers in the area. As a tip, marketers often work to get an “in” with large local employers who offer favorable insurances to their employees.
- Does the building provide enough square footage for your use, or collaboration with other doctors. You may have expansion possibilities to consider.
- Does your potential location have well-lit, convenient parking for your patients as this is the #1 complaint?
- What is the image of the building, and how does it look? Some landlords take great pride in keeping their building clean and modern, while others simply let it depreciate to save money on costly expenses. Something to know, before you move in.
- Consider hospital proximity. Beyond the obvious convenience of locating close to the hospital, you also will likely benefit from the patient perception that you are located in a recognized healthcare area.
- If you are a specialist, it often helps to locate in a high density medical user building in close proximity to large, referring practices. For example, a landlord that we are familiar, will go out of her way to introduce physicians to one another. If you choose this route, remember that ground floors are best available space for medical users as 100% of the traffic will go right by your doorstep.
- Most consumer direct practices (e.g., family practice, general dentistry, etc.) can benefit greatly from being visible, and generally should avoid upscale medical buildings. Instead, consumer direct practices should generally choose either free-standing buildings (with signage and street frontage) or even retail center locations.
- If your group chooses a retail location (strip center or mall), the greater your visibility, the more you will pay a landlord. But, keep in mind that the extra rent that you are paying is simply a marketing expense, which you can and should evaluate on a return on investment basis.
- You should talk to your accountant about the relative advantages of owning vs. leasing your office space. We have several examples for buildings in the Greater Houston area and would provide you our analysis without charge. Beyond the obvious tax and income issues, make sure you consider the tradeoff between long term investment potential vs. short term cash flow, flexibility versus hassle factors, personality, etc.
- Finally, make sure you use common sense here. No kidding, a podiatrist once called us in desperation after relocating to the second floor of an office building which did not have a functioning elevator. Doctors already have the stigma of poor business decision-making – this request did not help their case.
10 Real Estate Requests From Our Medical Clients
These are the most common requests fielded by our medical representation group:
- Accessibility – Doctors are looking for greater access to major road arteries and highways so that their patients can locate them easily. If a doctor’s office is off the beaten path, the patient may become lost and have to cut through side streets or worse, make unnecessary phone calls to your office. From a patient’s perspective, after exiting the highway, a physician’s practice should be no greater than two turns. As a patient, they may not be in the best physical or mental health whereby adding additional stress may complicate the already difficult situation. While most doctors that we speak with have a strong regard for their patient population, more and more are heeding this wisdom.
- Mixed-Use Development/Modern Architecture – More often, physicians are looking for mixed-use developments featuring more modern architecture. They are attracted to buildings that are appealing and inviting. Unless you are a small practice with a doctor or two, the old one story stucco flat roof office building is quickly becoming history. A few recent medical office building projects in the Woodlands, Sugar Land and Cinco Ranch are examples of prime upscale designs with the more modern office park environments to which many physicians gravitate.
- Parking Ratio and Parking – Most professional office buildings have a parking ratio of three to four parking spaces per thousand square feet. With patients coming and going throughout the day, doctors need to have at least five to six parking spaces per thousand square feet to avoid overcrowding. Since parking can be tight in areas such as Downtown, Midtown and the Inner West Loop, doctors often shy away from the area for medical. Driving the suburban markets you will notice medical in every direction, but driving Travis Street, Main Street, or Westheimer the medical is very sparse, if not nil in some stretches. Physicians are requesting reserved parking, which is also a nice bonus for key employees and staff as well. Also, covered handicapped pick-up and drop-off areas are a real asset, especially if there are associated outpatient treatment facilities.
- Shell Space vs. Used Space – Although shell space, not built-out, may cost more in the initial term, it will end up saving the practice or organization a tremendous amount of money in the long run. With new shell office space the practice can implement space planning/design to fit their needs as well as increasing patient flow. Used office space with existing layouts, but such space often cannot be adapted without expensive demolitions and remodeling. While this can be accomplished, there still remains the potential for poorly laid out space that doesn’t fit the requirement.
- Proximity to Other Physicians – In a medical office building, doctors are often looking for proximity to other physicians who may refer business to one other. For example, a family medicine physician will frequently refer patients to other medical specialties such as cardiology or orthopedics. With the right synergy, all of the doctors are inter-referring and enhancing their practices.
- Ancillary Services – Working with the physician community is no different than working for a Fortune 500 in that, especially in this environment, people are trying to maximize profits to stay ahead of the curve. The buzz word within the physician community over the past five year is “Ancillary Services.” Traditionally, hospitals were the main benefactor of such services. Ancillary services include MRI’s, sleep labs, physical therapists, outpatient surgery centers, and imaging centers. Doctors are more recently looking for extra medical office space where they can install ancillary services and other diagnostic treatment areas.
- Geographic Location – Until the last decade, doctors needed to be close to the hospital to round on large numbers of inpatients and perform mostly inpatient surgeries. Now procedures have been more frequently performed on an outpatient basis, and physicians can relocate their offices farther away from the hospital at usually lower lease rates. Many practices now have incorporated outpatient surgery facilities located at or nearby their office location.
- Exclusivity – Willingness of the landlord to restrict leasing to other physicians of similar specialty in the same building is common. While many physicians view this as an important concession, it probably is not that important in the long run. After all, there is really nothing a physician group can do if a competitor wants to relocate across the street. This idea is typically of greater importance in rural or less populated areas where a new hospital is being established.
- Signage - Building monument or signage to distinguish a medical organization or practice is an important feature. Local restrictions often restrict the size and location of business signage in a given area, but often the developer can offer “top of building” signs for major anchor tenants.
- Price – Everyone is looking for price in today’s market, especially physician groups that are in their office more than in the hospital. For a doctor to move off-campus, the offer must be aggressive. For an example, Memorial Hermann is offering a few of our clients below market rental rates with above market build-out allowances. In other locations, they are offering full-service gross rental rates, which is coming back into vogue as hospitals rely heavily on cost control their costs to improve their bottom-line.
The Physician-Hospital Relationship: Study
Physician perceptions on hospital integration
• Nearly three-fourths of physicians surveyed are already in financial relationships with hospitals.
• Physicians already working primarily in hospital practice settings: 24 percent.
• When asked whether they trust hospitals, 20 percent of physicians surveyed said “no” and 57 percent said “sometimes.”
• Physicians practicing in large groups are two- to three-times more likely to express interest in hospital alignment than sole practitioners.
• Physicians who said hospitals are dependent on them to reduce costs and improve efficiency: 66 percent.
• More than one-third of physicians surveyed said hospital alignment would decrease administrative burdens such as healthcare information technology requirements.
• Cardiologists interested in hospital employment: 63 percent.
• Primary care physicians interested in hospital employment: 48 percent.
• Specialists (combined) interested in hospital employment: 45 percent.
Top five reasons physicians don’t trust hospitals
Of those physicians who do not trust hospitals, there are five main reasons why:
• Competing goals: 60 percent.
• Lack of physician leadership/representation on the board: 56 percent.
• Lack of transparency: 56 percent.
• Lack of communication among physicians and hospital administrators: 50 percent.
• Incentives not aligned: 50 percent.
Top five reasons physicians think hospitals want them
Physicians believe the following reasons contribute to hospitals wanting physician alignment:
• Consolidate market power for payer negotiations: 68 percent.
• Decreased costs and increased efficiency: 66 percent.
• Increased patient and ancillary revenues: 65 percent.
• Improved patient outcomes: 64 percent.
• Enhanced coordination of care across the continuum: 65 percent.
Top five reasons physicians want hospital alignment
• Improved work-life balance: 63 percent.
• Competitive benefits and retirement package: 57 percent.
• Job satisfaction: 57 percent.
• Increased annual income: 56 percent.
• Consistent income: 40 percent.
Physician interest in specific integration models
• Employment: 44 percent of physicians are currently employed by a hospital, medical foundation, provider-based clinic, faculty practice plan or group practice. Forty-six percent of physicians are most interested in pursuing this model over the next two years.
• Directorships, stipends or management contracts: 24 percent of physicians are currently aligned in this model and 51 percent of physicians are most interested in pursuing this model over the next two years.
• Joint venture: 8 percent of physicians are currently aligned in a joint venture and 38 percent of physicians are most interested in pursuing this model over the next two years.
• Co-management: 8 percent of physicians are currently aligned in this model and 34 percent of physicians are most interested in pursuing co-management over the next two years.
• Leasing arrangement: 9 percent of physicians are currently aligned in this arrangement and 21 percent of physicians are most interested in pursuing this model over the next two years.
• Directorships, stipends or management contracts: 24 percent of physicians are currently aligned in this model and 51 percent of physicians are most interested in pursuing this model over the next two years.
