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    Comparison Chart of Anti-Kickback Safe Harbors and Stark Exceptions -- Payments By a Physician

    Payments by a Physician – Current as of March 2021

    Stark
    Stark exception to the referral prohibition related to compensation arrangements for certain payments by a physician 42 CFR 411.357(i)

    Anti-Kickback
    [No comparable exception]

    Payments made by a physician (or his or her immediate family member) (1) to a laboratory in exchange for the provision of clinical laboratory services; or (2) to an entity as compensation for any other items or services that are furnished at a price that is consistent with fair market value, and that are not otherwise specifically excepted by a Stark exception described in paragraphs (a) through (h) of 42 CFR 411.357. "Services” in this context means services of any kind and not merely those defined as “services” for purposes of the Medicare program.