Page:United States Statutes at Large Volume 103 Part 3.djvu/170

 103 STAT. 2238 PUBLIC LAW 101-239~DEC. 19, 1989 "(A) there is a written agreement, signed by the parties, for the rental or lease of the space, which agreement— "(i) specifies the space covered by the agreement and dedicated for the use of the lessee, "(ii) provides for a term of rental or lease of at least one year; "(iii) provides for payment on a periodic basis of an amount that is consistent with fair market value; "(iv) provides for an amount of aggregate payments that does not vary (directly or indirectly) based on the volume or value of any referrals of business between the parties; and "(v) would be considered to be commercially reason- able even if no referrals were made between the par- ties; "(B) in the case of rental or lease of office space in which a physician who is an interested investor (or an interested investor who is an immediate family member of the physi- cian) has an ownership or investment interest, the office space is in the same building as the building in which the physician (or group practice of which the physician is a member) has a practice; and "(C) the arr£mgement meets such other requirements as the Secretary may impose by regulation as needed to pro- tect against progrcun or patient abuse. "(2) EMPLOYMENT AND SERVICE ARRANGEMENTS WITH HOS- PITALS.—An arrangement between a hospital and a physician (or immediate family member) for the employment of the physi- cian (or family member) or for the provision of administrative services, if^ "(A) the arrangement is for identifiable services; "(B) the amount of the remuneration under the arrange- ment— "(i) is consistent with the fair market value of the services, and "(ii) is not determined in a manner that takes into account (directly or indirectly) the volume or value of any referrals by the referring physician; "(C) the remuneration is provided pursuant to an agree- ment which would be commercially reasonable even if no referrals were made to the hospital; and "(D) the arrangement meets such other requirements as the Secretary may impose by regulation as needed to pro- tect against program or patient abuse. "(3) OTHER SERVICE ARRANGEMENTS. —Remuneration from an entity (other than a hospital) under an arrangement if— "(A) the arrangement is— "(i) for specific identifiable services as the medical director or as a member of a medical advisory board at the entity pursuant to a requirement of this title, "(ii) for specific identifiable physicians' services to be furnished to an individual receiving hospice care if payment for such services may only be made under this title as hospice care, "(iii) for specific physicians' services furnished to a nonprofit blood center, or

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