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:
- Written lease signed by the parties specifying the premises covered.
- 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.
- Term: not less than one year.
- 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.
- Premises do not exceed that which is reasonably necessary to accomplish the commercially reasonable business purpose.
- 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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Related across the archive
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- RegulationAKS Personal Services and Management Contracts Safe Harbor (42 CFR 1001.952(d))Safe harbor for compensation to an independent contractor for personal services, with seven conditions including written agreement, fair market value, and aggregate compensation set in advance.
- RegulationAKS Value-Based Arrangement Safe Harbors (42 CFR 1001.952(ee)-(gg))Three safe harbors added in the 2020 Sprint to Coordinated Care final rule covering value-based arrangements at varying risk levels: care coordination, substantial downside risk, and full financial risk.
- ComplianceAnti-Kickback Statute: What Medical Practices Actually Need to Know (42 USC § 1320a-7b(b))The federal Anti-Kickback Statute is intent-based, criminal-grade, and the most common fraud-and-abuse theory in OIG enforcement. Here is what AKS actually prohibits, how the safe harbors function, and where practices get caught.
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.