Nonmonetary Compensation, Medical Staff Incidental Benefits, and Limited Remuneration to a Physician Exceptions
The regulations at 42 CFR 411.357(k), (m), and (z) set forth exceptions to the physician self-referral law for certain nonmonetary compensation, medical staff incidental benefits, and limited remuneration to a physician, respectively. Under these exceptions, the compensation limits are adjusted each calendar year to the nearest whole dollar by the increase in the Consumer Price Index-Urban All Item (CPI-U) for the 12-month period ending the preceding September 30.
The percentage increase in the CPI-U for the 12-month period ending September 30, 2021 was +5.4 percent. Thus, for the calendar year beginning January 1, 2022, the compensation limit for the exception at § 411.357(k) is $452, and the value of any medical staff incidental benefits to be furnished in compliance with the exception at § 411.357(m)(5) is less than $39 per occurrence of the benefit. The limit on aggregate remuneration to a physician under the exception at § 411.357(z) is $5,270 in calendar year 2022.
The following table displays the compensation limits for each calendar year:
|
Calendar Year |
Non-monetary compensation limit in accordance with §411.357(k) |
Medical staff incidental benefit in accordance with §411.357(m)(5) |
Limited remuneration to a physician in accordance with §411.357(z) |
% Change in CPI-U |
|---|---|---|---|---|
|
CY 2012 |
$373 |
Less than $31 |
n/a |
+3.9% |
|
CY 2013 |
$380 |
Less than $32 |
n/a |
+2.0% |
|
CY 2014 |
$385 |
Less than $32 |
n/a |
+1.2% |
|
CY 2015 |
$3921 |
Less than $33 |
n/a |
+1.7% |
|
CY 2016 |
$392 |
Less than $33 |
n/a |
+0.0% |
|
CY 2017 |
$398 |
Less than $33 |
n/a |
+1.5% |
|
CY 2018 |
$407 |
Less than $34 |
n/a |
+2.2% |
|
CY 2019 |
$416 |
Less than $35 |
n/a |
+2.3% |
|
CY 2020 |
$423 |
Less than $36 |
n/a |
+1.7% |
|
CY 2021 |
$429 |
Less than $37 |
$5,000 |
+1.4% |
|
CY 2022 |
$452 |
Less than $39 |
$5,270 |
+5.4% |
1 From November 9, 2016, through November 16, 2017, the CY 2015 nonmonetary compensation limit was inadvertently listed on this website as $395 instead of $392.