Extract to table

To qualify, the arrangement must satisfy all of the following requirements: (a) the lease arrangement must be set out in writing, signed by the parties, and specify the premises covered by the lease; (b) the duration of the lease must be at least one year; (c) the space rented or leased must not exceed that which is reasonable and necessary for the legitimate business purposes of the lease and must be used exclusively by the lessee when being used by the lessee (unless the arrangement is for shared space, in which case the lease must describe the specific arrangement); (d) the rental charges over the term of the lease must be set in advance, must be consistent with fair market value, and must not be determined in a manner that takes into account the volume or value of any referrals or other business generated between the parties; (e) the lease must be commercially reasonable even if no referrals were made between the parties; and (f) the lease must meet the requirements of 42 U

This exception applies to compensation paid by an entity to a physician (or vice versa) for the provision of items or services (other than the rental of office space) under an arrangement that satisfies the following requirements: (a) the arrangement is set out in writing, signed by the parties, and covers only identifiable items or services; (b) the writing specifies the timeframe for the arrangement, which must be for a period of at least one year (or a holdover lease at the same terms in the event of expiration); (c) the compensation must be set in advance, must not exceed fair market value, and must not take into account the volume or value of any referrals or other business generated by the referring physician; and (d) the arrangement must be commercially reasonable and further the legitimate business purposes of the parties, even if no referrals were made

To qualify for the space rental safe harbor, an arrangement must satisfy all of the following elements: (a) the lease agreement must be set out in writing and signed by the parties; (b) the lease must cover all of the premises leased between the parties for the term of the lease and must specify the premises covered; (c) if the lease is intended to provide the lessee with access to the premises for periodic intervals, the lease must specify the exact schedule of such intervals, their precise length, and the exact rent for such intervals; (d) the term of the lease must be for not less than one year; (e) the aggregate rental charge must be set in advance, must be consistent with fair market value in an arm's-length transaction, and must not be determined in a manner that takes into account the volume or value of any referrals or business otherwise generated between the parties for which payment may be made in whole or in part under a federal healthcare program; (f) the aggregate space rented must not exceed that which is reasonably necessary to accomplish the commercially reasonable business purpose of the rental

This safe harbor requires: (a) a written agreement signed by the parties, covering all of the services to be provided; (b) if the agreement provides for services on a periodic, sporadic, or part-time basis, the agreement must specify the exact schedule, length, and compensation for such intervals; (c) a term of at least one year; (d) compensation set in advance at fair market value, consistent with arm's-length principles, and not determined in a manner that takes into account the volume or value of referrals or business generated between the parties; (e) the services must not involve the counseling or promotion of a business arrangement that violates any state or federal law; and (f) the aggregate services contracted for must not exceed those that are reasonably necessary to accomplish the commercially reasonable business purpose of the services arrangement

Rental or compensation must be set in advance

Rental or compensation must be consistent with fair market value