HHSAnti-Kickback Statute

AKS Space Rental Safe Harbor (42 CFR 1001.952(b))

Safe harbor for rental payments for office space when six conditions are met, including written lease, at least one-year term, and aggregate rent set in advance at fair market value.

Primary source

42 CFR 1001.952(b) — eCFR

https://www.ecfr.gov/current/title-42/chapter-V/subchapter-B/part-1001/subpart-C/section-1001.952#p-1001.952(b)

Verified May 23, 2026 · This is the authoritative regulator URL. The summary below is a research aid; the linked source controls.

42 CFR 1001.952(b)) protects rental payments for office space when six conditions are met:

  1. Written lease signed by the parties specifying the premises covered.
  2. Specified premises: if the lessee rents the premises on a periodic, sporadic, or part-time basis, the lease specifies exactly the schedule, the precise length of each interval, the exact rent for each interval, and identifies the premises covered.
  3. Term: not less than one year.
  4. Aggregate rent: set in advance, consistent with fair market value (in arm's-length transactions and not taking into account referrals or other business between the parties), and not determined in a manner that takes into account referrals or other business generated.
  5. Premises do not exceed that which is reasonably necessary to accomplish the commercially reasonable business purpose.
  6. Rental does not concern services prohibited by federal or state law.

Medical office subleases between referring providers (e.g., specialist subleasing space from a primary-care landlord who refers) are a common AKS exposure. Strict-compliance documentation — fair-market-value appraisal, square-footage detail, written terms — is the operational defense.

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Last reviewed May 23, 2026 · Citation verified May 23, 2026

Research aid, not legal advice. This summary is an administrative research aid prepared by D3rx. It does not certify compliance, provide legal advice, replace counsel, or guarantee an audit outcome. For authoritative regulatory text follow the primary source link at the top of this page. The practice remains responsible for reviewing, adopting, and maintaining its compliance program.