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    Comparison Chart of Anti-Kickback Safe Harbors and Stark Exceptions -- Isolated Transactions

    Isolated Transactions – Current as of November 2017

    Stark
    Stark exception to the referral prohibition related to compensation arrangements for isolated financial transactions with a physician, such as a one-time sale of property or a practice Click the above link see how this section was amended in January 2016.  Amendments also are incorporated below.

    Anti-Kickback
    [No comparable safe harbor]

    The amount of the remuneration under the transaction is consistent with the fair market value of the services.

     

    The amount of remuneration under the transaction is not determined in a manner that takes into account (directly or indirectly) the volume or value of any referrals by the referring physician or other business generated between the parties.

     

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

     

    There are no additional transactions between the parties for 6 months after the isolated transaction, except for transactions which are specifically excepted under the other provisions of the Stark regulations and except for commercially reasonable post- closing adjustments that do not take into account (directly or indirectly) the volume or value of referrals or other business generated by the referring physician.