Non-Monetary Compenstation

Non-Monetary Compensation and Medical Staff Incidental Benefits Exceptions

We would like to provide the following information to our clients regarding the adjusted amounts for non-monetary compensation and medical staff incidental benefits.

Stark Law prohibits physicians from making referrals for certain designated health services (DHS)* payable by Medicare to an entity in which the physician (or an immediate family member) has a financial relationship, unless an exception applies. The Stark Law provides for twenty-six (26) exceptions, two of which are: (1) non-monetary compensation, and (2) medical staff incidental benefits.
Under the non-monetary compensation exception, a hospital may provide non-monetary compensation for items or services (not including cash or cash equivalents) to a physician, such as entertainment, meals, and other non-cash equivalent benefits, up to $407 for the 2018 calendar year.
The medical staff incidental benefits exception allows compensation in the form of items or services from a hospital to a member of its medical staff when the item or service is nominal and used on the hospital’s campus, including meals, parking and other items or incidental services. For the 2018 calendar year, the value of any medical staff incidental benefit is less than $34 per occurrence of the benefit.
Hospitals must keep track of non-monetary compensation and medical staff incidental benefits to ensure it complies with the federal Stark Law.

For further information about Non-Monetary Compensation and Medical Staff Incidental Benefits Exceptions, contact: Juliette Stancil

* DHS includes: (1) clinical laboratory services; (2) physical, occupational, and speech therapy services; (3) radiology and other imaging services; (4) radiation therapy services and supplies; (5) durable medical equipment and supplies; (6) parenteral and enteral nutrients, equipment and supplies; (7) prosthetics, orthotics, and prosthetic devices and supplies; (8) home health services; (9) outpatient prescription drugs; and (10) inpatient and outpatient hospital services.


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