107 STAT. 598 PUBLIC LAW 103-66 —AUG. 10, 1993 national, or regional exchange in which quotations are published on a daily basis, or "(ii) traded under an automated interdealer quotation system operated by the National Association of Securities Dealers, and "(B) in a corporation that had, at the end of the corporation's most recent fiscal year, or on average during the previous 3 fiscal years, stockholder eqmty exceeding $75,000,000. "(2) Ownership of shares in a regulated investment company as defined m section 851(a) of the Internal Revenue Code of 1986, if such company had, at the end of the company's most recent fiscal year, or on average during the previous 3 fiscal years, total assets exceeding $75,000,000. "(d) ADDITIONAL EXCEPTIONS RELATED ONLY TO OWNERSHIP OR INVESTMENT PROHIBITION. — The following, if not otherwise excepted under subsection (b), shall not be considered to be an ownership or investment interest described in subsection (a)(2)(A):
- %!) HOSPITALS IN PUERTO RICO.—In the case of designated
health services provided by a hospital located in Puerto Rico. "(2) RURAL PROVIDER. —In the case of designated health services fiimished in a rural area (as defined in section 1886(d)(2)(D)) by an entity, if substantially all of the designated health services fiimished by such entity are fiimished to individuals residing in such a rural area. "(3) HOSPITAL OWNERSHIP. —In the case of designated health services provided by a hospital (other than a hospital described in paragraph (1)) if— "(A) the referring physician is authorized to perform services at the hospital, and "(B) the ownership or investment interest is in the hospital itself (and not merely in a subdivision of the hospital). (e) EXCEPTIONS RELATING TO OTHER COMPENSATION ARRANGE^ MENTS.—The following shall not be considered to be a compensation arrangement described in subsection (a)(2)(B): "(1) RENTAL OF OFFICE SPACE; RENTAL OF EQUIPMENT.— "(A) OFFICE SPACE.—Payments made by a lessee to a lessor for the use of premises if—
- \i) the lease is set out in writing, signed by the
parties, and specifies the premises covered by the lease, "(ii) the space rented or leased does not exceed that which is reasonable and necessary for the legitimate business purposes of the lease or rental and is used exclusively by the lessee when being used by the lessee, except that the lessee may make paymente for the use of space consisting of common areas if such payments do not exceed the lessee's pro rata share of expenses for such space based upon the ratio of the space used exclusively by the lessee to the total amount of space (other than common areas) occupied by all persons using such common areas, 'Xiii) the lease provides for a term of rental or lease for at least 1 year, "(iv) the rental charges over the term oi the lease are set in advance, are consistent with fair market value, and are not determined in a manner that takes
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