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Isolated Transactions Exception

The Stark law makes an additional exception for compensation arrangements involving isolated financial transactions, such as a one-time sale of property or a practice. 

The law will allow isolated financial transactions if all of the following conditions are met:
  • The amount of remuneration under the isolated transaction is --
  • Consistent with the fair market value of the transaction; and
  • Not determined in a manner that takes into account (directly or indirectly) the volume or value of any referrals by the referring physician or other business generated between the parties.
  • The remuneration is provided under an agreement that would be commercially reasonable even if the physician made no referrals.
  • There are no additional transactions between the parties for six months after the isolated transaction, except for transactions  specifically excepted under the other provisions in of the Stark law, or commercially reasonable post-closing adjustments that do not take into account (directly or indirectly) the volume or value of referrals or other business generated by the referring physician.
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