Comparison Chart of Anti-Kickback Safe Harbors and Stark Exceptions -- Group Practice Arrangements With a Hospital

Stark
Stark exception to the referral prohibition related to compensation arrangements for arrangements between a hospital and a group practice

Anti-Kickback
[No comparable safe harbor]

See definition of and conditions for a group practice.

With respect to services provided to an inpatient, the arrangement is pursuant to the provision of inpatient services under 42 U.S.C. §1395x(b)(3) (diagnostic or therapeutic items or services as are ordinarily furnished to inpatients).

The arrangement began before December 19, 1989, and has continued in effect without interruption since that date.

With respect to the designated health services covered under the arrangement, at least 75 percent of these services furnished to patients of the hospital are furnished by the group under the arrangement.

The arrangement is pursuant to an agreement that is set out in writing and that specifies the services to be provided and the compensation for the services provided.

The compensation paid over the term of the agreement is consistent with the fair market value.

The compensation per unit of service is fixed in advance and is not determined in a manner that takes into account the volume or value of any referrals or other business generated between the parties.

The compensation is provided pursuant to an agreement which would be commercially reasonable even if no referrals were made to the entity.