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    Comparison Chart of Anti-Kickback Safe Harbors and Stark Exceptions -- Medical Staff Incidental Benefits

    Medical Staff Incidental Benefits  – Current as of March 2021

    Stark
    Stark exception to the referral prohibition related to compensation arrangements for medical staff incidental benefits 42 CFR 411.357(m)

    Anti-Kickback
    [No comparable safe harbor]

    The compensation is in the form of items or services (not including cash or cash equivalents) from a hospital to a member of its medical staff when the item or service is used on the hospital's campus.

     
    The compensation is offered to all members of the medical staff practicing in the same specialty (but not necessarily accepted by every member to whom it is offered) and is not offered in any manner that takes into account the volume or value of referrals or other business generated between the parties.  
    Except with respect to identification of medical staff on a hospital Website or in hospital advertising, the compensation is provided only during periods when the medical staff members are making rounds or are engaged in other services or activities that benefit the hospital or its patients.  
    The compensation is provided by the hospital and used by the medical staff members only on the hospital's campus. Compensation, including, but not limited to, Internet access, pagers, or two-way radios, used away from the campus only to access hospital medical records or information or to access patients or personnel who are on the hospital campus, as well as the identification of the medical staff on a hospital website or in hospital advertising, will meet the "on campus" requirement.  
    The compensation is reasonably related to the provision of, or designed to facilitate directly or indirectly the delivery of, medical services at the hospital.  
    The compensation is of low value (that is, less than $37) with respect to each occurrence of the benefit (for example, each meal given to a physician while he or she is serving patients who are hospitalized must be of low value). The $37 limit in this paragraph (m)(5) will be adjusted each calendar year to the nearest whole dollar by the increase in the Consumer Price Index-Urban All Items (CPI-U) for the 12-month period ending the preceding September 30. CMS intends to display as soon as possible after September 30 each year both the increase in the CPI-U for the 12-month period and the new limits on the physician self-referral website.  
    The compensation is not determined in any manner that takes into account the volume or value of referrals or other business generated between the parties.  
    The compensation is not determined in any manner that takes into account the volume or value of referrals or other business generated between the parties.  
    Other facilities and health care clinics (including, but not limited to, federally qualified health centers) that have bona fide medical staffs may provide compensation under this paragraph on the same terms and conditions applied to hospitals.