What is the bona fide employment relationship Stark exception?
This exception covers circumstances where the physician is engaged in a meaningful administrative relationship with entities to which he refers. A bona fide employment relationship provides practitioner immunity from the anti-remuneration requirements of the Stark statute, as long as the following requirements are met: • The employment is for identifiable services. • The payment is consistent with fair market value and does not take into account volume or value of referrals. • The arrangement is established in a contract that would be commercially reasonable even if no referrals were made to the employer. • Note that under this exception, a physician may take a productivity bonuses based on services he personally performed. However, a productivity bonus may not include revenues from incidental services (26).
Related Questions
- May an insurer discriminate on the basis of sexual orientation where bona fide statistical differences in risk or exposure have been substantiated?
- How does the bona fide employee exception apply to payments received as a result of a "union leave" or "no-docking" arrangement with the employer?
- Can I sue my partners for employment discrimination under the Civil Rights Act?
