1. Publicly Traded Securities
Returns on investments (e.g., dividends and interest) in securities of entities with net tangible assets related to the furnishing of health care items or services > $50 million provided:
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the securities are registered with the Securities and Exchange Commission;
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referring investors’ securities are obtained at the same price as is available to the general public trading on a registered securities exchange through a broker and referring investors’ securities are not subject to restrictions on transferability;
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entity and referring investors do not favor passive investors over non-investors in promoting and/or furnishing the entity’s items or services;
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entity and its investors (and persons acting on their behalf) do not finance (or guarantee financing of) any purchase of the entity’s securities by a person who could make or influence referrals; and
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returns (e.g., dividend payments) are directly proportional to capital investment.
Anti-Kickback Safe Harbor
Sources: 42 C.F.R. § 1001.952(a)(1)