The bill amends Section 1 of P.L.2021, c.31 (C.2C:40A-6) to strengthen penalties against individuals and entities involved in illegal referral payments related to substance use disorder treatment. It establishes that any person, including health care providers and facilities, who makes or receives payments in connection with patient referrals to licensed treatment facilities is guilty of a third-degree crime. The bill specifies that those convicted will face restitution and a fine of $50,000. Additionally, it criminalizes assisting or conspiring to engage in such illegal activities, with the same penalties applying.

The bill also outlines that certain payments or fees that do not vary based on patient referrals or treatment services will not be considered violations. Furthermore, it grants the Office of Licensing in the Department of Health and the Department of Community Affairs the authority to investigate alleged violations and impose civil penalties of up to $20,000 for each violation found. The definitions of "clinical laboratory," "health care facility," "health care provider," and "recovery residence" are also clarified within the bill. This act is set to take effect immediately upon approval.

Statutes affected:
Introduced: 2C:40A-6
Advance Law: 2C:40A-6
Pamphlet Law: 2C:40A-6