CPI-U Updates
Guidance for the exceptions to the physician self-referral law for certain non-monetary compensation and certain medical staff incidental benefits, respectively.
Final
Issued by: Centers for Medicare & Medicaid Services (CMS)
Issue Date: January 01, 2020
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, 2022 was +8.2 percent. Thus, for the calendar year beginning January 1, 2023, the compensation limit for the exception at
§ 411.357(k) is $489, 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 $42 per occurrence of the benefit. The limit on aggregate remuneration to a physician under the exception at § 411.357(z) is $5,702 in calendar year 2023.
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 | % Change in |
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% |
CY 2023 | $489 | Less than $42 | $5,702 | +8.2% |
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.
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