Bill Text: NJ A3973 | 2024-2025 | Regular Session | Introduced
Bill Title: Revises laws concerning patient referrals to substance use disorder treatment facilities.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2024-02-27 - Introduced, Referred to Assembly Oversight, Reform and Federal Relations Committee [A3973 Detail]
Download: New_Jersey-2024-A3973-Introduced.html
Sponsored by:
Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
Assemblyman ALEXANDER "AVI" SCHNALL
District 30 (Monmouth and Ocean)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
SYNOPSIS
Revises laws concerning patient referrals to substance use disorder treatment facilities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning referrals to substance use disorder treatment facilities and amending P.L.2021, c.31.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2021, c.31 (C.2C:40A-6) is amended to read as follows:
1. a. A person, including, but not limited to, a health care provider, health care facility, non-profit organization, and recovery residence, is guilty of a crime of the [fourth] third 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.). Notwithstanding the provisions of N.J.S.2C:43-3, a person convicted of an offense under this subsection shall be sentenced to make restitution and to pay a fine of $50,000.
b. A person is guilty of a crime of the [fourth] third 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. Notwithstanding the provisions of N.J.S.2C:43-3, a person convicted of an offense under this subsection shall be sentenced to make restitution and to pay a fine of $50,000.
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.
d. As used in this section:
"Health care facility" means a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).
"Health care provider" means an individual who provides a health care service to a patient, and includes, but is not limited to, a licensed physician, nurse, nurse practitioner, psychologist, psychiatrist, psychoanalyst, clinical social worker, physician assistant, professional counselor, respiratory therapist, speech pathologist, audiologist, optometrist, or any other health care professional acting within the scope of a valid license or certification issued pursuant to Title 45 of the Revised Statutes.
"Recovery residence" means housing with a home-like atmosphere, which is available in either a professionally-managed facility or a peer-managed facility, and which provides a sober living environment and alcohol- and drug-free living accommodations to individuals with substance use disorders, or to individuals with co-occurring mental health and substance use disorders, but which does not provide clinical treatment services for mental health or substance use disorders. "Recovery residence" includes, but is not limited to, a facility that is commonly referred to as a sober living home.
(cf: P.L.2021, c.31, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill would revise the current law that criminalizes certain payments for the referral of patients to substance use disorder treatment facilities.
The bill makes it a crime of the third degree for a person to make or receive a payment or otherwise furnish or receive 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.). The bill makes it a crime of the third degree for a person to knowingly assist, conspire with, or urge any person to make, furnish, or receive a payment, fee, commission, or rebate in violation of P.L.2021, c.31 (C.2C:40A-6). Under current law, these offenses are crimes of the fourth degree. The bill would also establish a fine of $50,000 that would automatically be applied to any person who violates these patient referral laws.
The bill expressly includes health care providers, health care facilities, non-profit organizations, and recovery residences under the scope of these laws.
