What are the exceptions to Stark?
Exceptions to Stark are many and each has its own qualifying provisions in the law. Below are the exceptions only:
General exceptions to both ownership and compensation arrangement prohibitions:
- Physicians' services
- In-office ancillary services
- Prepaid plans
- Services paid under ASC, DME, or hospice rates
- Academic Medical Centers
- Implants in an ASC
- Dialysis-related outpatient drugs
- Preventive services and immunizations
Other permissible exceptions as determined and specified in regulations to not pose a risk of program or patient abuse by the Secretary.
General exception related only to ownership or investment prohibition for ownership in publicly traded securities and mutual funds.
General exception related only to ownership or investment prohibition for ownership in publicly traded securities and mutual funds.
Additional exceptions related only to ownership or investment prohibition:
- Hospitals in Puerto Rico
- Rural provider
- Hospital ownership
Exceptions related to other compensation arrangements:
- Rental of office space or equipment
- Bona fide employment relationships
- Personal service arrangements
- Remuneration unrelated to the provision of designated health services
- Physician recruitment and retention
- Isolated transactions
- Payments by a physician for items or services
- Group practice arrangements with a hospital (continuous since 1989 only)
FAQ: Anti-kickback/Stark
