Find Legal Information

205.8461 Unlawful referral practices of provider -- Penalties.

Download pdf

Page 1 of 1 205.8461 Unlawful referral practices of provider -- Penalties. (1) Except as otherwise provided in KRS 205.510 to 205.630, no provider shall knowingly solicit, receive, or offer any remuneration (including any kickback, bribe, <br>or rebate) for furnishing medical assistance benefits or in return for purchasing, <br>leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering <br>any goods, facility, service, or item for which payment may be made pursuant to <br>Title XIX of the Social Security Act. (2) (a) No provider shall knowingly make, offer, or receive a payment, a rebate of a fee, or a charge for referring a recipient to another provider for furnishing of <br>benefits. (b) Any conduct or activity which does not violate or which is protected under the provisions of 42 U.S.C. sec. 1395nn or 42 U.S.C. sec. 1320A-7b(b), as <br>amended, or federal regulations promulgated under those statutes, shall not be <br>deemed to violate the provisions of KRS 205.8451 to 205.8483, and the <br>conduct or activity shall be accorded the same protections allowed under <br>federal law and regulation. (3) Any person who violates subsection (1) or (2) of this section shall be guilty of a Class A misdemeanor unless the combination or aggregation of offenses is valued at <br>three hundred dollars (&#36;300) or more, in which case it shall be a Class D felony. In <br>addition to any other penalty authorized by law, any person who violates the <br>provisions of subsection (2)(a) of this section shall not be entitled to bill or collect <br>from the recipient or any third-party payor and shall repay any payments due the <br>Commonwealth for services provided which were related to the referral. Effective: July 15, 1994 <br>History: Created 1994 Ky. Acts ch. 96, sec. 6, effective July 15, 1994; and ch. 316, sec. 6, effective July 15, 1994. Legislative Research Commission Note (7/15/94). This statute was enacted by identical sections in two bills (1994 Ky. Acts chs. 96 &amp; 316) which have been codified <br>together.