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    Comparison Chart of Anti-Kickback Safe Harbors and Stark Exceptions -- Community-Wide Health Information Systems

    Community-Wide Health Information Systems – Current as of November 2017

    Stark
    Stark exception related to compensation arrangements for health information systems

    Anti-Kickback
    [No comparable safe harbor]

    Items or services of information technology are provided by an entity to a physician to allow access to, and sharing of, electronic health care records and any complementary drug information systems, general health information, medical alerts, and related information for patients served by community providers and practitioners, in order to enhance the community's overall health.

     

    The items or services are available as necessary to enable the physician to participate in a community-wide health information system, are principally used by the physician as part of the community-wide health information system, and are not provided to the physician in any manner that takes into account the volume or value of referrals or other business generated by the physician.

     

    The community-wide health information systems are available to all providers, practitioners, and residents of the community who desire to participate.

     

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