Bill passed to prevent medicaid fraud and kickbacks

July 16th, 2010 by Clarissa Goodlett

The General Assembly passed S675 to prevent medicaid fraud and kickbacks.  You can view the complete text of the bill HERE.

The bill reads as follows:

It shall be unlawful for any person to knowingly and willfully solicit or receive any
remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or
covertly, in cash or in-kind:
(1) In return for referring an individual to a person for the furnishing or
arranging for the furnishing of any item or service for which payment may
be made in whole or in part under this Part.
(2) In return for purchasing, leasing, ordering, or arranging for or
recommending purchasing, leasing, or ordering any good, facility, service, or
item for which payment may be made in whole or in part under this Part.
(h) It shall be unlawful for any person to knowingly and willfully offer or pay any
remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or
covertly, in cash or in-kind to any person to induce such person:
(1) To refer an individual to a person for the furnishing or arranging for the
furnishing of any item or service for which payment may be made in whole
or in part under this Part.
(2) To purchase, lease, order, or arrange for or recommend purchasing, leasing,
or ordering any good, facility, service, or item for which payment may be
made in whole or in part under this Part.
(i) Subsections (g) and (h) of this section shall not apply to:
(1) Contracts between the State and a public or private agency where part of the
agency’s responsibility is referral of a person to a provider.
(2) Any conduct or activity that is specified in 42 U.S.C. § 1320a-7b(b)(3), as
amended, or any federal regulations adopted pursuant thereto.
(j) Nothing in subsections (g) and (h) of this section shall be interpreted or construed to
conflict with 42 U.S.C. § 1320a-7b(b), as amended, or with federal common law or federal
agency interpretations of the statute.”

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