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

    Charitable Donations by a Physician – Current as of March 2021

    Stark
    Stark exception related to compensation arrangements for charitable donations 42 CFR 411.357(j)

    Anti-Kickback
    [No comparable safe harbor]

    The donations are bona fide charitable donations made by a physician (or immediate family member) to an entity.

     

    The charitable donation is made to an organization exempt from taxation under the Internal Revenue Code (or to a supporting organization).

     

    The donation is neither solicited, nor offered, in any manner that takes into account the volume or value of referrals or other business generated between the physician and the entity.