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Recent Legislation Affords Greater Flexibility In REIT Health Care Facility Ownership.




Thanks to recent legislation regarding the structure of real estate investment trust (REIT REIT

See: Real Estate Investment Trust


REIT

See real estate investment trust (REIT).
) ownership of health care facilities, restrictions on REIT ownership have been modified to the benefit of REITs.

A taxable REIT subsidiary may now lease a health care facility directly from its parent REIT, hold the licenses applicable to operating such a facility, and then use an independent contractor A person who contracts to do work for another person according to his or her own processes and methods; the contractor is not subject to another's control except for what is specified in a mutually binding agreement for a specific job.  to operate the facility.

Formerly, REITs had to lease a health care facility through a third-party tenant, who would then utilize an independent contractor to manage the facility. This new legislation allows REITs to stop using third-party tenants as accommodation parties One who signs a Commercial Paper for the purpose of lending his or her name and credit to another party to the document—the accommodated party—to help that party obtain a loan or an extension of credit.  and thus enjoy the cost savings associated with eliminating what in some cases is an unnecessary party from the health care facility ownership structure.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mr Michael Okaty

Foley fo·ley  
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2. A person who creates or alters sounds using this process.
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Publication:Mondaq Business Briefing
Article Type:Brief article
Geographic Code:1USA
Date:Aug 18, 2008
Words:197
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