Page:United States Statutes at Large Volume 107 Part 1.djvu/627

 PUBLIC LAW 103-66—AUG. 10, 1993 107 STAT. 601 that may directly or indirectly have the effect of reducing or limiting services provided with respect to individuals enroUed with the entity. "(4) REMUNERATION UNRELATED TO THE PROVISION OF DES- IGNATED HEALTH SERVICES.— In the case of remuneration which is provided by a hospital to a physician if such remuneration does not relate to the provision of designated health services. "(5) PHYSICIAN RECRUITMENT.—In the case of remuneration which is provided by a hospital to a physician to induce the physician to relocate to the geographic area served by the hospital in order to be a member of the medical staff of the hospital, if— "(A) the physician is not required to refer patients to the hospital, "(B) the amount of the remuneration under the arrangement is not determined in a manner that takes into account (directly or indirectly) the volume or value of any referrals by the referring physician, and (C) the arrangement meets such other requirements as the Secretary ipay impose by regulation as needed to protect against program or patient abuse. ''(6) ISOLATED TRANSACTIONS. — In the case of an isolated financial transaction, such as a one-time sale of property or practice, if— "(A) the requirements described in subparagraphs (B) and (C) of paragraph (2) are met with respect to the entity in the same manner, as they apply to an employer, and "(B) Hie transaction meets such other requirements as the Secretary may impose by regulation as needed to protect against program or patient abuse. "(7) CERTAIN GROUP PRACTICE ARRANGEMENTS WITH A HOS- PITAL.— "(A) IN GENERAL.— An arrangement between a hospital and a group under which designated health services are provided by the group but are billed by the hospital if— "(i) with respect to services provided to an inpatient of the hospital, the arrangement is pursuant to the provision of inpatient hospital services under section 1861(b)(3), "(ii) the arrangement began before December 19, 1989, and has continued in effect without interruption since such date, "(iii) with respect to the designated health services covered under the arrangement, substantially all of such services furnished to patients of the hospital are furnished by the group under the arrangement, "(iv) the arrangement is pursuant to an agreement that is set out in writing and that specifies the services to be provided by the parties and the compensation for services provided under the agreement, "(v) the compensation paid over the term of the agreement is consistent with fair market value and the compensation per unit of services is fixed in advance and is not determined in a manner that takes into account the volume or value of any referrals or other business generated between the parties,

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