4. Personal Services and Management Contracts

Any payment made by a principal to an agent as compensation for the services of the agent, as long as all of the following seven standards are met:

 

  1. The agency agreement is set out in writing and signed by the parties.

  2. The agency agreement covers all of the services the agent provides to the principal for the term of the agreement and specifies the services to be provided by the agent.

  3. If the agency agreement is intended to provide for the services of the agent on a periodic, sporadic or part-time basis, rather than on a full-time basis for the term of the agreement, the agreement specifies exactly the schedule of such intervals, their precise length, and the exact charge for such intervals.

  4. The term of the agreement is for not less than one year.

  5. The aggregate compensation paid to the agent over the term of the agreement 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.

  6. The services performed under the agreement do not involve the counseling or promotion of a business arrangement or other activity that violates any State or Federal law.

  7. The aggregate services contracted for do not exceed those which are reasonably necessary to accomplish the commercially reasonable business purpose of the services.

Anti-Kickback Safe Harbor

Sources: 42 C.F.R. § 1001.952(d)