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    Comparison Chart of Anti-Kickback Safe Harbors and Stark Exceptions -- Professional Courtesy

    Professional Courtesy – Current as of November 2017

    Stark
    Stark exception related to compensation arrangements for professional courtesies Click the above link see how this section was amended in January 2016.  Amendments also are incorporated below.

    Anti-Kickback
    [No comparable safe harbor]

    Professional courtesy that is offered by an entity with a formal medical staff to a physician or a physician's immediate family member or office staff.

     

    The professional courtesy is offered to all physicians on the entity's bona fide medical staff or in such entity's local community or service area and the offer does not take into account  the volume or value of referrals or other business generated between the parties.

     

    The health care items and services provided are of a type routinely provided by the entity.

     

    The entity has a professional courtesy policy that is set out in writing and approved in advance by the entity's governing body.

     

    The professional courtesy is not offered to a physician (or immediate family member) who is a Federal health care program beneficiary, unless there has been a good faith showing of financial need.

     

    The arrangement does not violate the anti-kickback statute or any federal or state law or regulation governing billing or claims submission.