§ 5-48.1-3 - Prohibited acts.
SECTION 5-48.1-3
§ 5-48.1-3 Prohibited acts. – (a) Whoever knowingly and willfully solicits or receives any remuneration(including any kickback, bribe, or rebate) directly or indirectly, overtly orcovertly, in cash or in kind; (1) in return for referring an individual to aperson for the furnishing, or arranging for the furnishing, of any health careservice or item; or (2) in return for purchasing, leasing, ordering, orarranging for or recommending purchasing, leasing, or ordering, any health caregood, facility, service, or item is guilty of a misdemeanor, and uponconviction, shall be fined not more than one thousand dollars ($1,000), orimprisoned for not more than one year, or both.
(b) Whoever knowingly and willfully offers or pays anyremuneration (including any kickback, bribe, or rebate) directly or indirectly,overtly or covertly, in cash or in kind, to any person to induce that person:(1) to refer an individual to a person for the furnishing, or arranging for thefurnishing of, any health care item or service; or (2) to purchase, lease,order, or arrange for or recommend purchasing, leasing, or ordering any healthcare good, facility, service, or item is guilty of a misdemeanor, and uponconviction, shall be fined not more than one thousand dollars ($1,000), orimprisoned for not more than one year, or both.
(c) Subsections (a) and (b) of this section do not apply to:
(1) A discount or other reduction in price obtained by aprovider of services or other entity if the reduction in price is properlydisclosed and appropriately reflected in the costs claimed or charges made bythe provider;
(2) Any amount paid by an employer to an employee (who has abona fide employment relationship with the employer) for employment in theprovision of health care services;
(3) Any amount paid by a vendor of goods or services to aperson authorized to act as a purchasing agent for a group of individuals orentities who are furnishing health care services, if:
(i) The person has a written contract, with each individualor entity, which specifies the amount to be paid the person, which amount maybe a fixed amount or a fixed percentage of the value of the purchases made byeach individual or entity under the contract; and
(ii) In the case of an entity that is a provider of services,the person shall disclose (in the form and manner that the director requires)to the entity and, upon request, to the director, the amount received from eachvendor with respect to purchases made by or on behalf of the entity.
(4) A waiver of any coinsurance under part B of title XVIIIby a federally qualified health care center with respect to an individual whoqualifies for subsidized services under a provision of the Public HealthService Act.
(5) Any payment practice specified in regulations promulgatedpursuant to §14(a) of the Medicare and Medicaid Patient and ProgramProtection Act of 1987, (see 42 U.S.C. § 1320a-7b), or to chapter 66.2 oftitle 42 relating to Pharmaceutical Assistance to the Elderly.
(6) A discount or other reduction in price on a health careitem or a limited-time free supply of such item which is made available to anindividual, if such item is provided through a "point of sale" or "mail-in"coupon or through other similar means.