Tracking Gifts to Physicians under the Stark Non-Monetary Compensation Rule

Event Information
Product Format
Prerecorded Event
60 minutes
Product Description

How to Track Non-Monetary Compensations to Physicians and Avoid Violations under the Stark Law

The Ethics in Patient Referrals Act, commonly known as the Stark law, generally prohibits physicians from referring Medicare patients for designated health services ("DHS") to an entity the physician or immediate family member has a financial relationship with, unless an exception applies.

Under the Stark law, there is an exception known as the Non-Monetary Compensation (NMC) exception (42 C.F.R. 411.357(k) that allows entities that are the recipient of Medicare DHS referrals to provide certain items or services of value to a referral source, such as a physician, up to $392 for 2016. This dollar amount threshold is adjusted each year for inflation. The item(s) or service(s) must not be in the form of cash or a cash equivalent.

Often times, hospitals and other recipients of Medicare DHS referrals seek to give physicians or other referral sources certain items or services as a way to thank the referral source for their services or recognize them for a job well done. A common example would be giving all physicians on the medical staff at a hospital a flower arrangement or cookie tray to say thank you. Under the NMC exception, such items must be tracked throughout the year so that the recipient of Medicare DHS referrals does not exceed the $392 limit for 2016 and therefore violate the Stark law.

Join expert speaker Jay P. Anstine, JD, in this session where he will cover the nuts and bolts for logistically tracking NMC and will walk through several different case scenarios to identify common forms of NMC to determine if such items or services qualify as NMC. It will also address corrective action measures if the recipient of Medicare DHS referrals exceeds the dollar amount threshold.

Session Highlights:

  • Overview on the Stark Law and Non-Monetary Compensation Exception.
  • Discussion on what items/services qualify for non-monetary compensation.
  • Items or services that do not qualify and why (e.g. cash or cash equivalents such as gift certificates).
  • How to track Non-Monetary Compensation throughout the year.
  • Communication strategies with organizational leaders interacting with physicians to ensure the compliance officer can track items or services given to referral sources.
  • Appropriate tools for sample tracking spreadsheet, sample policy, and forms.
  • Citations to the regulations for further research.

Session Agenda:

  • Background of Stark Law and NMC Exception
  • Items and Services that do and don’t qualify as NMC
  • Medical Staff Incidental Benefits Exception
  • NMC Compliance Challenges
  • Case Scenarios for Tracking NMC
    • Dinners
    • Thank you
    • Free lab coats
    • Holiday party
    • Multiple Physicians
    • Spouse
    • CME
    • Gift Cards
    • Cash and Cash Equivalents
  • NMC Exception
  • Communication Strategy

Who should attend?

  • Compliance Officers
  • Hospital or Institutional Marketing Directors
  • Physician Relations Liaisons
  • Other Hospital Institutional Business Leaders interacting with physicians (CEO, CFO, COO, Medical Staff Office)

Ask a question at the Q&A session following the live event and get advice unique to your situation, directly from our expert speaker.

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About Our Speaker

Jay P. Anstine

Jay P. Anstine, J.D., is the President of Bluebird Healthlaw Partners, LLC. As a healthcare lawyer specializing in regulatory compliance, Jay consults to physicians, senior management, and boards of directors on compliance programs and regulatory issues impacting operations.


Jay’s professional background includes working on the provider and the payer side of the market, for large for-profit and non-profit health systems, and small physician-owned entities. In tackling the...   More Info
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