Bill Text: NY A04718 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Prohibits payment for patient referrals in substance use disorder services from addiction treatment providers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to health [A04718 Detail]

Download: New_York-2017-A04718-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          4718
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 3, 2017
                                       ___________
        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Health
        AN ACT to amend the  public  health  law,  in  relation  to  prohibiting
          payment for patient referrals in substance use disorder services
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The public health law is amended by adding  a  new  section
     2  238-f to read as follows:
     3    §   238-f.   Prohibition  of  financial  arrangements  and  referrals;
     4  substance use disorder services. 1.  Definitions.  The  following  defi-
     5  nitions shall apply for the purposes of this section:
     6    (a)  "Substance use disorder services" shall mean and include examina-
     7  tion, evaluation, diagnosis, care, treatment, rehabilitation, or  train-
     8  ing  of  persons  with  substance  use  disorders  and their families or
     9  significant others by a health care provider.
    10    (b) "Addiction treatment providers" shall mean and  include  rehabili-
    11  tation centers, medical examination facilities, or such other facilities
    12  that  engage  in substance use disorder services including any employees
    13  or individuals under another authorized form of  association  with  such
    14  providers.
    15    2. It shall be unlawful for any addiction treatment provider or family
    16  member  thereof  to  offer,  pay,  solicit, or receive any fee, thing of
    17  value, commission, bonus, rebate, kickback, or bribe, directly or  indi-
    18  rectly,  in  cash or in kind, or engage in any split-fee arrangement, in
    19  any form whatsoever, to induce or in return for the referral of patients
    20  or patronage to or from addiction treatment providers.
    21    3. This section shall not apply to payment  for  goods  or  facilities
    22  that  were  actually furnished or services that were actually performed.
    23  Such payment must be reasonably related to the fair market value of  the
    24  goods  or  facilities that were actually furnished or services that were
    25  actually performed.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01930-01-7
        A. 4718                             2
     1    4. This section shall not apply to any discount,  payment,  waiver  of
     2  payment,  or payment practice not prohibited by 42 U.S.C. § 1320a-7b (b)
     3  or regulations promulgated thereunder.
     4    5.  Violation  of  subdivision  two of this section shall constitute a
     5  class E felony.
     6    § 2. This act shall take effect immediately.