If the services provided by the physicians on the committee are to the economic benefit of the hospital, a fair market value payment to the physicians for their service would not create legal problems. The payment would need to be made only for leadership positions that require more than minor amounts of time and would need to be based on a written contract that quantifies the services the physicians will render in terms of time and scope. Even if the payments are coming purely from medical staff dues, as is the case in some institutions, these principles should pertain.
The key to any such arrangement, however, is that payment cannot be made to reward physicians for their referrals or ordering of services, and the compensation must meet fair market value standards under the Stark and anti-kickback statutes.
Is it permissible for physicians to be paid for serving on hospital committees?
FAQ: Anti-kickback/Stark
Stark compared to Anti-Kickback
Stark and Non-physician Practitioners
Payment for Hospital Committee Services
Ancillary Service by an Employee









