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216.2950 Self-referral restrictions -- Offenses.

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Page 1 of 1 216.2950 Self-referral restrictions -- Offenses. (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 received from <br>Medicare or Medicaid. (2) (a) No provider shall knowingly make, offer, or receive a payment, a rebate of a fee, or a charge for referring a patient to another provider for furnishing of <br>Medicare or Medicaid 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 this section and the conduct or activity <br>shall be accorded the same protections allowed under federal law and <br>regulation. Any conduct of activity by any provider which violates the <br>provisions of 42 U.S.C. sec. 1395nn or 42 U.S.C. sec. 1320A-7B(b), as <br>amended, where Medicare and Medicaid payment is involved, shall be <br>deemed to violate the provisions of this section. (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 patient 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, 1996 <br>History: Amended 1996 Ky. Acts ch. 371, sec. 22, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 512, Pt. 5, sec. 18, effective July 15, 1994.