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 §411.357(z)	% Change in CPI-U
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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