To timeshare, doctors must meet the following requirements:
• The arrangement is set out in writing, signed by the parties, and specifies the premises, equipment, personnel, items, supplies, and services covered by the arrangement.
• The arrangement is between a physician and a hospital or a physician organization of which the physician is not an owner, employee, or contractor.
• The arrangement is not conditioned on the licensee’s referral of patients to the licensor.
• The compensation over the term of the arrangement is set in advance, consistent with fair market value.
The timeshare exception reduces hassles and makes it easier for doctors to share work spaces for short durations of time, Ms. Kass said.
“Physicians are able to either license or be the licensor or licensee of a timeshare arrangement rather than having a lease on a part-time basis,” she said. “You can still create a lease on a part-time basis using the old rental of space rules, but if you’re leasing a whole office, complete with all of the equipment and personnel and the space, you are able to do that for a day, for a week, in periods of time. Now one single exception can help you with that.”
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