This White Paper summarizes, analyzes and comments on the recently published final anti-kickback safe harbors and Stark regulatory exceptions for donation (or below-market transfer) of health information technology and related services (HIT) to referral sources. This White Paper also considers the statutory kickback safe harbor and Stark exception currently proposed in the Health Information Technology Promotion Act of 2006 (H.R. 4157) recently passed by the U.S. House of Representatives, and how they compare to the final regulations. Additionally, recent federal register notices concerning the interoperability standards and the recognition of certifying bodies are incorporated into the discussion.
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