An Act concerning referrals to substance use disorder treatment facilities and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
C.2C:40A-6 Certain payments for referral to certain facilities, fourth degree crime.
1. a. A person is guilty of a crime of the fourth degree if the person 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 make, furnish, or receive a payment, fee, commission, or rebate in violation of subsection a. of this section.
c. It shall not be a violation of subsection a. of 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.
2. This act shall take effect immediately.
Approved March 1, 2021.