Bill Text: NJ A5425 | 2018-2019 | Regular Session | Amended


Bill Title: Prohibits certain substance use disorder treatment facilities from paying fees, commissions, or rebates to any person to refer patients to facility. *

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2019-11-18 - Received in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [A5425 Detail]

Download: New_Jersey-2018-A5425-Amended.html

[First Reprint]

ASSEMBLY, No. 5425

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED MAY 20, 2019

 


 

Sponsored by:

Assemblyman  JOHN ARMATO

District 2 (Atlantic)

 

 

 

 

SYNOPSIS

     Prohibits certain substance use disorder treatment facilities from paying fees, commissions, or rebates to any person to refer patients to facility.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Law and Public Safety Committee on June 6, 2019, with amendments.

  


An Act concerning referrals to 1[health care services] substance use disorder treatment facilities1 and supplementing Title 26 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    No 1[health care] substance use disorder treatment1 facility 1[licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.)] approved and licensed in accordance with section 8 of P.L.1975, c.305 (C.26:2B-14)1 shall pay or otherwise furnish any fee, commission, or rebate to any person to refer patients to the facility for 1[health care] substance use disorder1 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 1[Health] Human Services1 in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).  1[Payments made pursuant to a hospital and physician incentive payment plan approved by the Department of Health pursuant to P.L.2017, c.46 (C.26:2H-12.80 et seq.) shall not constitute a violation of this section.]1

 

     12.   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.).1

 

     1[2.] 3.1     The Commissioner of 1[Health] Human Services1, 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[3.] 4.1     This act shall take effect immediately.

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