What is a requirement for a safe harbor space rental agreement?

A requirement for a safe harbor space rental agreement is that the aggregate rental must be consistent with fair market value. This stipulation ensures that the rental amount charged is justifiable based on the market rates for similar spaces in the area, thereby avoiding any implication of trying to influence referrals or conduct business improperly within the healthcare system.

Fair market value establishes parameters that prevent overpayment or underpayment, which could create compliance risks or trigger regulations against kickbacks. By adhering to fair market value, healthcare entities can demonstrate that their financial arrangements are legitimate and compliant with regulations aimed at preventing abuses in the healthcare system, specifically regarding anti-kickback laws.

While the other options may pertain to different aspects of rental agreements, they do not specifically address the critical compliance aspect embedded in safe harbor protections, which is primarily focused on ensuring that financial relationships are transparent and reasonable in value.