Tip: Charitable donations and Stark
Compliance Monitor, March 21, 2007
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The Stark regulations provide that "[b]ona fide charitable donations" made by a physician or immediate family member to an entity do not give rise to a financial relationship under the Stark Law if three conditions are satisfied:
- The charitable donation is made to an organization exempt from taxation under the Internal Revenue Code (or a supporting organization).
- The donation is neither solicited nor made in a manner that takes into account the volume or value of referrals or other business generated between the physician and the entity.
- The arrangement does not violate the federal healthcare program anti-kickback statue or any federal or state law or regulation governing billing or claims submission.
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