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    Comparison Chart of Anti-Kickback Safe Harbors and Stark Exceptions -- Bona Fide Employment Relationships

    Bona Fide Employment Relationships – Current as of November 2017

    Stark exception to the referral prohibition related to compensation arrangements for bona fide employment relationships with physicians (or an immediate family member of the physician) Click the above link see how this section was amended in January 2016.  Amendments also are incorporated below.

    Safe harbor for employment relationships

    The employment is for identifiable services.

    The employment is a bona fide employment relationship with the employer.

    The amount of the remuneration under the employment is: a) consistent with the fair market value of the services; and b) is not determined in a manner that takes into account (directly or indirectly) the volume or value of any referrals by the referring physician. Subparagraph b) herein does not prohibit payment of remuneration in the form of a productivity bonus based on services performed personally by the physician (or immediate family member of the physician).


    The remuneration is provided under an arrangement that would be commercially reasonable even if no referrals were made to the employer.