§1 - C.2C:40A-6
An Act concerning referrals to substance use disorder treatment facilities and supplementing Title 1[26] 2C1 of the 1[Revised] New Jersey1 Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1[1. a. Except as provided in subsection b. of this section, no substance use disorder treatment facility approved and licensed in accordance with section 8 of P.L.1975, c.305 (C.26:2B-14) shall pay or otherwise furnish any fee, commission, or rebate to any person to refer patients to the facility for substance use disorder treatment or services. Each violation of the provisions of this section shall be punishable by a civil penalty of up to $25,000, which shall be collected and enforced by the Commissioner of Human Services in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
b. The penalties imposed pursuant to subsection a. of this section shall not apply to a fee, commission, or rebate that does not vary based on:
(1) the number of patients referred to a substance use disorder treatment facility;
(2) the duration, level, volume, or nature of the treatment services provided to a patient; or
(3) the amount paid by a carrier to a substance use disorder treatment facility for treatment or services provided to a patient.]1
1[2. a. Except as provided in subsection b. of this section, no substance use disorder treatment facility issued a certificate of approval pursuant to P.L.1970, c.334 (C.26:2G-21 et seq.) shall pay or otherwise furnish any fee, commission, or rebate to any person to refer patients to the facility for substance use disorder treatment or services. Each violation of the provisions of this section shall be punishable by a civil penalty of up to $25,000, which shall be collected and enforced by the Commissioner of Human Services in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
b. The penalties imposed pursuant to subsection a. of this section shall not apply to a fee, commission, or rebate that does not vary based on:
(1) the number of patients referred to a substance use disorder treatment facility;
(2) the duration, level, volume, or nature of the substance use disorder treatment services provided to a patient; or
(3) the amount of benefits provided by a carrier to a substance use disorder treatment facility for treatment or services provided to a patient.]1
1[3. The Commissioner of Human Services, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to implement the provisions of this act.]1
11. a. 2[Except as provided in subsection b. of this section, a] A2 person is guilty of a crime of the fourth degree if 2[he or she] the person2 makes or receives a payment or otherwise furnishes or receives any fee, commission, or rebate to any person in connection with the referral of patients to a facility licensed in accordance with section 8 of P.L.1975, c.305 (C.26:2B-14) for substance use disorder treatment or services or to a substance use disorder treatment facility issued a certificate of approval pursuant to P.L.1970, c.334 (C.26:2G-21 et seq.).
b. A person is guilty of a crime of the fourth degree if the person knowingly assists, conspires with, or urges any person to 2[violate a provision of this act] make, furnish, or receive a payment, fee, commission, or rebate in violation of subsection a. of this section2 .
c. It shall not be a violation of 2subsection a. of2 this section to make or receive a payment or otherwise furnish or receive any fee, commission, or rebate that does not vary based on:
(1) the number of patients referred to a substance use disorder treatment facility;
(2) the duration, level, volume, or nature of the substance use disorder treatment services provided to a patient; or
(3) the amount of benefits provided by a carrier to a substance use disorder treatment facility for treatment or services provided to a patient.1
1[4.] 2.1 This act shall take effect immediately.
Criminalizes certain payments for referral of patients to substance use disorder treatment facilities.