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Compensation from a Provider to a physician in the form of items or services that does not exceed the annual cap amount, does not constitute a prohibited financial relationship when the following conditions are met:
The compensation is not determined in any manner that takes into account the volume or value of referrals or other business generated by the referring physician;
The compensation may not be solicited by the physician or the physician’s practice; and
The compensation arrangement does not violate the anti-kickback statute or any federal or state law or regulation governing billing or claims submissions.