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Sources: 42 C.F.R. § 411.357(j)

17. Charitable Donations by a Physician

Bona fide charitable donations made by a physician (or immediate family member) to an entity if all of the following conditions are satisfied:

  1. The charitable donation is made to an organization exempt from taxation under the Internal Revenue Code (or to a supporting organization);

  2. The donation is neither solicited nor offered in any manner that takes into account the volume or value of referrals or other business generated between the physician and the entity; and

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

Stark General Exception
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