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Stark General Exception

Remuneration paid in connection with a one-time sale of a physician practice where all of the following are met:

  1. The amount of remuneration is consistent with fair market value and is not determined in a manner that takes into account (directly or indirectly) the volume or value of referrals or other business generated between the parties;

  2. The remuneration is provided under an arrangement that would be commercially reasonable even if no referrals were made by the physician;

  3. There are no additional transactions between the parties for a period of 6 months except for commercially reasonable post-closing adjustments that are not dependent on referrals or other business generated by the referring physician (and except for other transactions excepted from Stark).

6. Sales of Physician Practies (encompassed by broader "Isolated Transactions" Stark regulatory exception)

Sources: 42 C.F.R. § 411.357(f)

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