Is a home care program that purchases space from a facility (nursing home or assisted living), in violation of Stark Legislation if it accepts referrals from that facility?

 
Home Care agency (ABC, Inc) leases a patient room from a LTC facility, provides a social worker/marketing agent for said facility and then accepts referrals from the facility.  Is Stark Legislation violated if they (ABC Home Care) invoice CMS (Medicare) for skilled services provided to residents of the facility?

Is the facility in violation for accepting the referral, if they will receive funding for the patient's visit from Medicare or Medicaid?
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