Page:United States Statutes at Large Volume 103 Part 3.djvu/169

 PUBLIC LAW 101-239—DEC. 19, 1989 103 STAT. 2237 "(B) that are billed by the physician performing or super- vising the services, by a group practice of iK^ch such physician is a member, or by an entit^^ that is wholly owned by such ph^cian or such group practice, if the ownership or investment interest in such services meets such other requirements as the Secretary may impose by regu- lation as needed to protect against program or patient abuse. "(3) PREPAID PLANS.—In the case of services furnished— "(A) by an organization with a contract.under section 1876 to an individual enrolled with the organization, "(B) by an organization described in section 1833(a)(l)(A) to an individual enrolled with the organization, or "(Q by an organization receiving payments on a prepaid basis, under a demonstration project under section 402(a) of the Social Security Amendments of 1967 or under section 222(a) of the Social Security Amendments of 1972, to an individual enrolled with the organization. "(4) OTHER PERMISSIBLE EXCEPTIONS. —In the case of any other financial relationship which the Secretary determines, and specifies in regulations, does not pose a risk of program or patient abuse. "(c) GENERAL EXCEPTION RELATED ONLY TO OWNERSHIP OR INVEST- MENT PROHIBITION FOR OWNERSHIP IN PUBLICLY-TRADED SECURI- TIES.— Ownership of investment securities (including shares or bonds, debentures, notes, or other'debt instruments) which were purchased on terms generally available to the public and which are in a corporation that— "(1) is listed for trading on the New York Stock Exchange or on the American Stock Exchange, or is a national market s^nstem security traded under an automated interdealer quota- tion system operated by the National Association of Securities Dealers, and "(2) had, at the end of the corporation's most recent fiscal year, total assets exceeding $100,00,000, shall not be considered to be an ownership or investment interest described in subsection (a)(2)(A). "(d) ADDmoNAL EXCEPTIONS RELATED ONLY TO OWNERSHIP OR INVESTMENT PROHIBITION. — The following, if not otherwise excepted under subsection (b), shall not be considered to be an ownership or investment interest described in subsection (a)(2)(A): "(1) HOSPITALS IN PUERTO RICO. —In the case of clinical labora- tory services provided by a hospital located in Puerto Rico. (2) RURAL PROVIDER. —In the case of clinical laboratory serv- ices if the laboratory furnishing the services is in a rural area (as defined in section 1886(d)(2)(D)). "(3) HOSPITAL OWNERSHIP. — In the case of clinical laboratory services provided by a hospital (other than a hospital described in paragraph (D) if— '(A) the referring physician is authorized to perform services at the ho^ital, and "(B) the ownership or investment interest is in the hos- pital itself (and not merely in a subdivision thereof). "(e) EXCEPTIONS RELATING TO OTHER COMPENSATION ARRANGE- MENTS.— The following shall not be considered to be a compensation arrangement described in subsection (a)(2)(B): "(1) RENTAL OF OFFICE SPACE.—Payments made for the rental or lease of office space if—

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