Extract to table

The exception further requires that: (i) the compensation must not be determined in any manner that takes into account the volume or value of referrals or other business generated between the parties; (ii) the compensation must not be solicited by the physician or the physician's practice; and (iii) the items must not include cash or cash equivalents such as gift cards, checks, or similar instruments

Where any of these licensee practices is also a referral source — that is, where the licensee practice refers patients to AHT for DHS or receives referrals from AHT — any non-monetary items of value exchanged between AHT and the licensee practice must be tracked under this Protocol

However, any equipment or space made available at no charge or below fair market value outside the scope of a formal lease agreement must be tracked under this Protocol

However, any items or services provided outside the defined scope of the MSA must be tracked under this Protocol

All FMV determinations under this Protocol must be made in accordance with AHT's Fair Market Value Determination Procedures

The financial relationships and non-monetary remuneration received by an immediate family member of a referring physician are attributed to the physician for purposes of the Stark Law analysis and must be tracked under this Protocol