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    Comparison Chart of Anti-Kickback Safe Harbors and Stark Exceptions -- Risk Sharing Arrangements

    Risk Sharing Arrangements – Current as of November 2017

    Stark
    Stark exception to the referral prohibition related to a compensation arrangement that is a risk-sharing arrangement

    Anti-Kickback
    [No comparable safe harbor]

    The arrangement is between a managed care organization or an independent physicians association and a physician (either directly or indirectly through a subcontractor) for services provided to enrollees of a health plan.

     
    The arrangement does not violate the federal anti-kickback statute or any law or regulation governing billing or claims submission.  
    "Health plan" and "enrollees" have the meanings ascribed to those terms in the anti-kickback regulations.