Comparison Chart of Anti-Kickback Safe Harbors and Stark Exceptions -- Investments in Group Practices

Stark
[No comparable exception]

Anti-Kickback
Safe harbor for any payment that is a return on an investment interest made to a solo or group practitioner investing in his own practice or group practice

The equity interests in the practice or group must be held by licensed health care professionals who practice in the practice of the group.

The equity interests must be in the practice or group practice itself and not a subdivision of the practice or group.

In the case of a group practice, the practice must be a group practice and be a unified business with centralized decision-making, pooling of expenses and revenues, and a compensation/profit distribution system that is not based on satellite offices operating substantially as if they were separate enterprises or profit centers.

Revenues from ancillary services, if any, must be derived from "in-office ancillary services as defined in section 1877(b)(2) of the Social Security Act.