One way act this act will affect Physicians and their practices with new provisions regarding fraud and abuse with a section entitled “Eliminating Kickbacks in Recovery.” This resembles the federal Anti-Kickback statute with some important differences. Its purpose is to (1) Curtail patient’s brokering with opioid treatment centers and to (2) slow the overutilization of laboratory toxicology screenings by closing a loophole in the Anti-Kickback statutes.
Physicians who have ownership of recovery homes, clinical treatment facilities and laboratories must be mindful of this. Here is the text:
§ 220. Illegal remunerations for referrals to recovery homes, clinical treatment facilities, and laboratories
“(a) Offense.—Except as provided in subsection (b), whoever, with respect to services covered by a health care benefit program, in or affecting interstate or foreign commerce, knowingly and willfully—
“(1) solicits or receives any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind, in return for referring a patient or patronage to a recovery home, clinical treatment facility, or laboratory; or
“(2) pays or offers any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind—
“(A) to induce a referral of an individual to a recovery home, clinical treatment facility, or laboratory; or
“(B) in exchange for an individual using the services of that recovery home, clinical treatment facility, or laboratory,
More on this topic at a later date.