Comparison Chart of Anti-Kickback Safe Harbors and Stark Exceptions -- Certain Arrangements With Hospitals
Certain Arrangements With Hospitals – Current as of March 2021
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Stark |
Anti-Kickback |
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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. |
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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. |