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STARK BASIC TRAINING - The American Health Lawyers Association

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EMPLOYMENT EXCEPTION<br />

• Employment is for identifiable services<br />

• Compensation is:<br />

• Fair market value;<br />

• Not determined in manner which takes into<br />

account volume or value of referrals; and<br />

• Commercially reasonable even if no referrals<br />

were made to employer<br />

93<br />

EMPLOYMENT EXCEPTION<br />

• Productivity bonuses can be paid if based on<br />

services performed personally by the<br />

physician (i.e., worked RVUs)<br />

94<br />

47

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