Page:United States Statutes at Large Volume 107 Part 1.djvu/629

 PUBLIC LAW 103-66 —AUG. 10, 1993 107 STAT. 603 " (2) EMPLOYEE. —An individual is considered to be 'employed by* or an 'employee' of an entity if the individual would be considered to oe an employee of the entity under the usual common law rules applicable in determining the employer-employee relationship (as applied for purposes of section 3121(d)(2) of the Internal Revenue Code of 1986). "(3) FAIR MARKET VALUE.—The term 'fair market value' mesms the value in arms length treuisactions, consistent with the general market value, and, with respect to rentals or leases, the value of rental property for general commercial purposes (not taking into account its intended use) and, in the case of a lease of space, not adjusted to reflect the additional value the prospective lessee or lessor would attribute to the proximity or convenience to the lessor where the lessor is a potential source ofpatient referrals to the lessee. " (4) CxROUP PRACTICE.— "(A) DEFINITION OF GROUP PRACTICE. —The term 'group practice' means a group of 2 or more physicians legally organized as a partnership, professional corporation, foundation, not-for-profit corporation, faculty practice plan, or similar association— "(i) in which each physician who is a member of the group provides substantially the full range of services which the physician routinely provides, including medical care, consultation, diagnosis, or treatment, through the joint use of shared office space, facilities, equipment and personnel, (ii) for which substantially all of the services of the physicians who are members of the group are provided through the group and are billed under a billing number assigned to the group and amounts so received are treated as receipts of the group, "(iii) in which the overhead expenses of and the income from the practice are distributed in accordance with methods previously determined, "(iv) except as provided in subparagraph (B)(i), in which no physician who is a member of the group directly or indirectly receives compensation based on the volume or value of referrals by the physician, "(v) in which members of the group personally conduct no less than 75 percent of the physician-patient encounters of the group practice, and "(vi) which meets such other standards as the Secretary may impose by regulation. "(B) SPECIAL RULES. — "(i) PROFITS AND PRODUCTIVITY BONUSES.— A physician in a group practice may be paid a share of overall profits of the group, or a productivity bonus based on services personally performed or services incident to such personally performed services, so long as the share or bonus is not determined in any manner which is directly related to the volume or value of referrals by such physician. "(ii) FACULTY PRACTICE PLANS. —In the case of a faculty practice plan associated with a hospital, institution of higher education, or medical school with an approved medical residency training program in which

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