Are dialysis facilities required to limit compensation for medical director services to the amount allowed under the fair market value “safe harbor” provision in the Stark Phase II interim final regulations? View Question: starklaw.org
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No. In an effort to address public concerns about how to determine fair market value for medical director compensation, the Stark Phase II regulations provide a “safe harbor” under the definition of “fair market value” at 411.351 for hourly payments to physicians that are calculated using one of two specified methodologies. However, use of the safe harbored methodologies...
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