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The Non-Monetary Compensation Arrangement and Medical Staff Incidental Benefit Exceptions: When to give, how to track, and how to calculate benefits

This healthcare compliance training will describe the basis for the non-monetary compensation exception under the Stark Law and how to implement a process to oversee the giving of benefits to physicians and tracking the aggregate so that the maximum of $300 per year is not exceeded.

Why Should You Attend: The Stark Law attempts to draw bright lines regarding permissible financial arrangements with referring physicians. Literally, anything of value provided to a referring physician is deemed to be a "benefit" to the physician thereby creating a compensation arrangement. Items of low value, such as sporting tickets, dinners at local restaurants, doctor’s day gifts, etc., create a compensation arrangement with physicians. The Stark Law permits entities to give up to $300 of such benefits during a calendar year.

This presentation will describe the basis for the non-monetary compensation exception under the Stark Law and how to implement a process to oversee the giving of such benefits and tracking the aggregate so that the maximum of $300 per year is not exceeded. Various examples will be used describing how to apply such examples in compliance with the Stark Law’s non-monetary compensation exception. For providers that are hospitals, the medical staff incidental benefit exception will also be explained to protect the giving of benefits to medical staff members of low value.

Areas Covered in this Webinar: Purpose for exceptions, including broad definition of remuneration. Detailed analysis regarding requirements for non-monetary compensation arrangement and medical staff incidental benefit exceptions. Several examples of benefits provided by DHS Entities with analysis regarding how to apply these two exceptions.


Who will Benefit: This presentation is intended for Physicians compliance officers In-house and outside legal counsel Hospital/physician practice administrators and executives who are responsible for developing and overseeing financial arrangements with referring physicians. The subject is critically important in health care organizations as insuring fair market value and commercial reasonable compensation arrangements is the pinnacle issue in compliance with fraud and abuse laws, including the Anti-Kickback Statute, Stark Law, False Claims Act, and intermediate sanctions statute.


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