A physician practice wants to employ a nurse practitioner. The practice believes she will be a dynamite addition and make tons of referrals to the practice. They offer her a W-2 position with compensation that is greatly above fair market value for similarly situated nurses. Does this raise any Anti-Kickback Statute concerns?

A) So long as the nurse practitioner is providing covered items or services and is a bona fide employee, this arrangement should satisfy a safe-harbor.
B) The arrangement fails to satisfy an anti-kickback safe harbor but does not seem to violate the anti-kickback statute.
C) The arrangement fails to satisfy a safe-harbor and likely present significant risk under the anti-kickback statute because the amount of remuneration is above fair market value.
D) None of the above