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Sources: 42 C.F.R. § 411.357(s)

16. Professional Courtesy

The provision of free or discounted health care items or services by an entity with a formal medical staff to a physician or his or her immediate family member or office staff, provided:

  1. The professional courtesy is offered to all physicians on the entity’s bona fide medical staff or in such entity’s local community without regard to the volume or value of referrals or other business generated between the parties;

  2. The health care items and services provided are of a type routinely provided by the entity;

  3. The entity has a professional courtesy policy that is set out in writing and approved in advance by the governing body of the health care provider;

  4. The professional courtesy is not offered to any physician (or immediate family member) who is a federal health care program beneficiary, unless there has been a good faith showing of financial need; and

  5. The professional courtesy arrangement does not violate the anti-kickback statute or any billing or claims submission laws or regulations.

Stark General Exception
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