Extract to table

Because these ancillary services constitute DHS under the Stark Law, the referral relationship between the medical director and the entity to which the referral is made (AHT) creates a financial relationship that must be protected by a Stark Law exception

FMV Legal Standard Under both the AKS personal services safe harbor and the Stark Law personal services exception, physician compensation must be consistent with FMV

Significantly, CMS confirmed that FMV must be assessed at the time the parties enter the arrangement and that FMV must be determined "without regard to the volume or value of referrals or other business generated by the referring physician for the entity furnishing the DHS

However, this approach is only viable where there is a legitimate, commercially reasonable need for additional medical director hours — an assessment that must be made on an arrangement-by-arrangement basis