Sources: 42 C.F.R. ยง 411.357(f)

3. Isolated Transactions

Remuneration paid in connection with an isolated transaction between two or more persons and/or entities (such as a one-time sale of property or a 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;

  2. The remuneration is provided in accordance with an agreement 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).

Stark General Exception