Sources: 42 C.F.R. § 411.357(k)

8. Non-Monetary Compensation Up to $392 (As of January 1, 2016)

Non-cash items of up $392* per year if:
 

  1. The compensation is not determined in a way that takes into account the volume or value of the physician’s referrals;

  2. The compensation is not solicited by the physician; and

  3. The compensation arrangement does not violate the anti-kickback statute or any laws or regulations governing billing or claims submission.


*This amount will be adjusted for inflation each January 1 using the CPI-U for the 12 month-period that ends the previous September 30, see https://www.cms.gov/medicare/fraud-and-abuse/physicianselfreferral/cpi-u_updates.html.

Note that where an entity and/or physician discover that the entity has inadvertently provided nonmonetary compensation to the physician in excess of the calendar year maximum, they can cure the mistake if:

 

  1. the value of the excess non-monetary compensation is no more than 50% of the limit; and

  2. the physician returns to the entity the excess nonmonetary compensation (or an amount equal to the value of the excess nonmonetary compensation) by the end of the calendar year in which the excess nonmonetary compensation was received or within 180 consecutive calendar days following the date the excess nonmonetary compensation was received by the physician, whichever is earlier. However, this opportunity to cure may be used by an entity only once every 3 years with respect to the same referring physician.


An entity that has a formal medical staff may also provide one local medical staff appreciation event per year for the entire medical staff. Note, however, that any gifts or gratuities provided in connection with the medical staff appreciation event are subject to the $392 (as adjusted for inflation) limit.

Stark General Exception