Capital Expenditures By or On Behalf of a Health Care Facility

Capital Expenditures By or On Behalf of a Health Care Facility. In determining whether an activity is undertaken by or on behalf of a health care facility, the Department may consider all relevant facts and circumstances. Factors that may be considered include, but are not limited to: 1. Ownership of land by a health care facility, or construction on land adjacent to a health care facility; 2. Leasing arrangements involving a health care facility, including leasing of land from a health care facility; 3. Options to purchase a structure or property retained by a health care facility; 4. Authority to approve tenants or occupants of a structure; 5. Rights to assume control of a structure or to collect rent; 6. Shared infrastructure, governance, management, branding, staffing, or patient services; 7. Revenue-sharing or financial support arrangements; and 8. Any other comparable factor demonstrating that the activity is undertaken primarily for the benefit of a health care facility. No single factor shall be dispositive.