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

    Risk Sharing Arrangements – Current as of March 2021

    Stark
    Stark exception to the referral prohibition related to a compensation arrangement that is a risk-sharing arrangement 42 CFR 411.357(n)

    Anti-Kickback
    [No comparable safe harbor]

    The arrangement is between a managed care organization or an independent physicians association that pays a physician, directly or indirectly, pursuant to a risk-sharing arrangement (such as withholds, bonuses, or risk pools) for services provided by the physician to enrollees of a health plan.

     
    "Health plan" and "enrollees" have the meanings ascribed to those terms in the anti-kickback regulations.