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Sources: 42 C.F.R. § 411.355(e)

6. Academic Medical Centers

Services provided to a referring physician by an academic medical center if:

  1. The referring physician has a bona fide full or substantial part-time employment relationship with a component of the medical center (i.e., an affiliated medical school, faculty practice plan, hospital, teaching facility, institution of higher education, departmental professional corporation, or nonprofit support organization whose primary purpose is to support the teaching mission of the academic medical center);

  2. The referring physician has a bona fide faculty appointment at the affiliated medical school or at one of the educational programs at the “accredited academic hospital”;

  3. The referring physician provides either substantial academic or substantial clinical teaching services for which he receives compensation as part of his employment relationship with the academic medical center;

  4. The referring physician’s total compensation from each component of the academic medical center is set in advance and is not determined in a manner that takes into account the volume or value of referrals or other business generated, and does not violate the anti-kickback statute;

  5. The compensation paid by all of the academic medical center components (in the aggregate) does not exceed fair market value; and

  6. The academic medical center meets certain conditions (relating to its composition and the relationships among its components).

Stark General Exception
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