STARK BASIC TRAINING - The American Health Lawyers Association

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PSA EXCEPTION • Hold over month-to-month following a term of at least one year, assuming all other provisions of the exception are met, continuing on a month-to-month basis for up to 6 months as long as the terms during the hold over period are fair market value will meet the personal service arrangement exception 87 Rental Exceptions (When lease is more…) 88 44
RENTAL EXCEPTIONS • Lease is in writing, signed, and specifies premises and equipment to be leased • Space and equipment rented does not exceed that which is reasonable and necessary and is used exclusively by lessee when being leased by lessee • Term of lease is for at least one year • Commercially reasonable 89 RENTAL EXCEPTIONS • Rental charges are set in advance, fair market value, and not determined in a manner that takes into account volume or value of referrals or other business generated between parties • No “per click” if physician/owner is source of referral • No charges on percentage of revenue • Remember special FMV definition 90 45
Page 1 and 2: STARK BASIC TRAINING Health Care Co
Page 3 and 4: THE SOLUTION: MULTIPLE STATUTES •
Page 5 and 6: WHAT’S NOT PROHIBITED • Physici
Page 7 and 8: THREE QUESTIONS 1. Is there a refer
Page 9 and 10: IMPUTED REFERRALS • Consulting ph
Page 11 and 12: WHAT’S NOT A REFERRAL • Request
Page 13 and 14: DESIGNATED HEALTH SERVICES (Not eve
Page 15 and 16: RESOURCES • 1877(h)(6); 411.351
Page 17 and 18: ENTITY • Multiple DHS entities ca
Page 19 and 20: DIRECT DOCTOR DHS ENTITY (No interv
Page 21 and 22: ICA EXCEPTION • Compensation must
Page 23 and 24: “STAND IN THE SHOES” Physician
Page 25 and 26: RESOURCES • 1877(a)(2), (h)(1)
Page 27 and 28: “SERVICE-BASED” EXCEPTIONS •
Page 29 and 30: FMV RESOURCES • Phase I (pp. 944-
Page 31 and 32: GROUP PRACTICE CRITERIA • Group p
Page 33 and 34: GROUP PRACTICE CRITERIA • Share o
Page 35 and 36: 69 IN-OFFICE ANCILLARY SERVICES EXC
Page 37 and 38: IOAS EXCEPTION Where Are Services P
Page 39 and 40: IOAS EXCEPTION How Are Services Bil
Page 41 and 42: RECRUITMENT • Payments made to in
Page 43: PSA EXCEPTION • Arrangement is se
Page 47 and 48: EMPLOYMENT EXCEPTION • Employment
Page 49 and 50: Non-Monetary Compensation Exception
Page 51 and 52: NON-MONETARY COMPENSATION EXCEPTION
Page 53 and 54: MEDICAL STAFF INCIDENTAL BENEFITS E
Page 55 and 56: TIPS • Always draw a diagram •

STARK BASIC TRAINING - The American Health Lawyers Association

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