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    Comparison Chart of Anti-Kickback Safe Harbors and Stark Exceptions -- Certain Arrangements With Hospitals

    Certain Arrangements With Hospitals – Current as of March 2021

    Stark
    Stark exception related to compensation arrangement for certain arrangements with hospitals

    Anti-Kickback
    [No comparable safe harbor]

    Remuneration provided by a hospital to a physician that does not relate, directly or indirectly, to the furnishing of designated health services.

    Remuneration relates to the " furnishing of designated health services" if it: a) is an item, service, or cost that could be allocated in whole or in part to Medicare or Medicaid under cost reporting principles; b) is furnished, directly or indirectly, explicitly or implicitly, in a selective, targeted, preferential, or conditioned manner to medical staff or other persons in a position to make or influence referrals; or c) otherwise takes into account the volume or value of referrals or other business generated by the referring physician.

     

    The remuneration must be wholly unrelated to the furnishing of DHS and must not in any way take into account the volume or value of a physician's referrals.