Enrolled Copy S.B. 230
1 KICKBACK PROHIBITION AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kirk A. Cullimore
5 House Sponsor: Jordan D. Teuscher
6
7 LONG TITLE
8 General Description:
9 This bill amends prohibitions on kickbacks.
10 Highlighted Provisions:
11 This bill:
12 < amends the definition of "kickback or bribe"; and
13 < makes technical and conforming changes.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 76-10-3201, as enacted by Laws of Utah 2022, Chapter 415
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 76-10-3201 is amended to read:
24 76-10-3201. Prohibition on kickbacks.
25 (1) As used in this section:
26 (a) "Kickback or bribe" means a rebate, compensation, or any other form of
27 remuneration, that is:
28 (i) direct or indirect;
29 (ii) overt or covert; or
S.B. 230 Enrolled Copy
30 (iii) in cash or in kind.
31 (b) "Kickback or bribe" does not include:
32 (i) a fee that is:
33 [(i)] (A) shared between two or more individuals, each of whom is licensed to practice
34 law; and
35 [(ii)] (B) charged for services provided in the individual's capacity as a licensee
36 described in Subsection [(1)(b)(i)] (1)(b)(i)(A); or
37 (ii) payment for medical services rendered.
38 (2) (a) An actor may not solicit or receive a kickback or bribe in return for the referral
39 of a person to another person for the furnishing of any good or service that relates to any
40 insurance claim or a claim for damages.
41 (b) An actor may not offer or pay a kickback or bribe to induce the referral of a person
42 to another person for the furnishing of any good or service that relates to any insurance claim or
43 a claim for damages.
44 (3) A violation of Subsection [(2)(a) or (b)] (2) is a third degree felony.
45 (4) This section does not apply to an individual licensed to practice law or a medical
46 provider when referring, without compensation, a client for medical treatment or evaluation.
-2-
Statutes affected: Introduced: 76-10-3201
Amended: 76-10-3201
Enrolled: 76-10-3201