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    Comparison Chart of Anti-Kickback Safe Harbors and Stark Exceptions -- Physician Services

    Physician Services – Current as of March 2021

    Stark
    Stark exception to the referral prohibition related to both ownership/investment and compensation arrangements for certain physician services

    Anti-Kickback
    [No comparable safe harbor

    The services are physicians' services, including diagnosis, therapy, surgery, consultations, and home, office, and institutional calls.

     

    The services are provided a) personally by another physician who is a member of the referring physician's group practice or is a physician in the same group practice as the referring physician; or b) under the supervision of another physician who is a member of the referring physician's group practice or is a physician in the same group practice as the referring physician, provided that the supervision complies with all other applicable Medicare payment and coverage rules for the physician services.

     

    "Physician services'" includes only those "incident to" services ( the services or supplies are furnished as an integral, although incidental, part of the physician's personal professional services in the course of diagnosis or treatment of an injury or illness) that are physician services. All other "incident to'" services (for example, diagnostic tests, physical therapy) are outside the scope of this section.