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Anti-Kickback Safe Harbor

Remuneration received by a physician as a return on investment (e.g., dividends and interest) in his own practice, or their own group practice* provided all of the following four standards are met:

  1. the group is fully owned by licensed healthcare professionals;

  2. the equity interests are in the group itself, and not a subdivision of the group;

  3. the group meets the Stark law definition of a “group practice”; and

  4. revenues from ancillary services qualify under the Stark law’s in-office ancillary services test.

*This safe harbor also protects investments in solo practices where the practice is conducted through the solo practitioner’s professional corporation or other separate legal entity.

Note that this safe harbor does not protect investments by group practices or members of group practices in other entities (e.g., laboratories, imaging centers, etc.).

8. Physician Investments in Their Own Practices/Physician Services

Sources: 42 C.F.R. § 1001.952(p)

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