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Stark General Exception

Same four standards as Anti-Kickback:

  1. referral service is non-exclusive if provider is qualified;

  2. any fees from participants are assessed equally, are based only on operating costs of service and are not tied to referrals or other business generated by either the referral service or the participant for the other;

  3. no requirements on manner in which the participant provides services;

  4. referral service must maintain written records evidencing disclosures to persons seeking referrals as specified in regulations.

12. Referral Services

Sources: 42 C.F.R. § 411.357(q)

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