Page:United States Statutes at Large Volume 107 Part 1.djvu/625

 PUBLIC LAW 103-66—AUG. 10, 1993 107 STAT. 599 into account the volume or value of any referrals or other business generated between the parties, "(v) the lease would be commercially reasonable even if no referrals were made between the parties, and ''(vi) the lease meets such other requirements as the Secretary may impose by regulation as needed to protect against program or patient abuse. equipment if— parties, and specifies the equipment covered by the lease, "(ii) the equipment rented or leased does not exceed that which is reasonable and necessary for the legitimate business purposes of the lease or rental and is used exclusively by the lessee when being used by the lessee, ''(iii) the lease provides for a term of rental or lease of at least 1 year, "(iv) the rental charges over the term of the lease are set in advance, are consistent with fair market value, and are not determined in a manner that takes into account the volume or value of any referrals or other business generated between the parties, ''(v) the lease would be commercially reasonable even if no referrals were made between the parties, and "(vi) the lease meets such other requirements as the Secretary may impose by regulation as needed to protect against program or patient abuse. ''(2) BONA FIDE EMPLOYMENT RELATIONSHIPS. — Any amount paid by an employer to a physician (or an immediate family member of such physician) who has a bona fide employment relationship with the employer for the provision of services if— "(A) the employment is for identifiable services, "(B) the amount of the remuneration under the employment— "(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 ap^reement which would be commercially reasonable even ifno referrals were made to the employer, and "(D) the employment meets such other requirements. as the Secretary may impose by regulation as needed to protect against program or patient abuse. Subparagraph (B)(ii) shall not prohibit the payment of remuneration in the form of a productivity boniis based on services performed personally by the physician (or an immediate family member of such physician).
 * (B) EQUIPMENT.— Payments made by a lessee of equipment to the lessor of the equipment for the use of fiie
 * '(i) the lease is set out in writing, signed by the
 * (3) PERSONAL SERVICE ARRANGEMENTS. —

�