What types of statutory exceptions exist if an arrangement falls within the Stark ban?
The exceptions to the Stark ban fall into three categories based on the type of financial relationship the physician has with the entity to which he or she refers patients for DHS: Exceptions applicable to both compensation and ownership/investment arrangements. Examples of exceptions in this category include the exception for in-office ancillary services, which is perhaps the most important exception to the Stark ban, and the exception for physician services. Exceptions applicable only to ownership or investment arrangements. Examples of exceptions in this category include exceptions for publicly traded securities and mutual funds, services furnished by a rural provider, and ownership in a whole hospital. Exceptions applicable only to compensation arrangements. Examples of exceptions in this category include exceptions for bona fide employment relationships, personal services arrangements and rental of office space and equipment.
