Anti-Kickback Safe Harbor
Any payment made by a lessee of equipment to the lessor of the equipment for the use of the equipment, as long as all of the following six standards are met:
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The lease agreement is set out in writing and signed by the parties.
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The lease covers all of the equipment leased between the parties for the term of the lease and specifies the equipment covered by the lease.
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If the lease is intended to provide the lessee with use of the equipment for periodic intervals of time, rather than on a full-time basis for the term of the lease, the lease specifies exactly the schedule of such intervals, their precise length, and the exact rent for such interval.
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The term of the lease is for not less than one year.
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The aggregate rental charge is set in advance, is consistent with fair market value in arms-length transactions and is not determined in a manner that takes into account the volume or value of any referrals or business otherwise generated between the parties.
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The aggregate equipment rental does not exceed that which is reasonably necessary to accomplish the commercially reasonable business purpose of the rental.
3. Equipment Rental
Sources: 42 C.F.R. ยง 1001.952(c)