Chapter 390

2003 -- S 0265

Enacted 07/31/03

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - PATIENT PROTECTION ACT

Introduced By: Senators Issa, F Caprio, Alves, Tassoni, and Roberts

Date Introduced: February 05, 2003

It is enacted by the General Assembly as follows:

     SECTION 1. Section 5-48.1-3 of the General Laws in Chapter 5-48.1 entitled "Patient

Protection Act" is hereby amended to read as follows:

5-48.1-3. Prohibited acts. -- (a) Whoever knowingly and willfully solicits or receives

any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or

covertly, in cash or in kind;

      (1) In return for referring an individual to a person for the furnishing, or arranging for the

furnishing, of any health care service or item; or

      (2) In return for purchasing, leasing, ordering, or arranging for or recommending

purchasing, leasing, or ordering, any health care good, facility, service, or item;

      is guilty of a misdemeanor, and upon conviction, is fined not more than one thousand

dollars ($1,000), or imprisoned for not more than one year, or both.

      (b) Whoever knowingly and willfully offers or pays any remuneration (including any

kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind, to any

person to induce such person: (1) To refer an individual to a person for the furnishing, or

arranging for the furnishing of, any health care item or service; or (2) To purchase, lease, order,

or arrange for or recommend purchasing, leasing, or ordering any health care good, facility,

service, or item is guilty of a misdemeanor, and upon conviction, is fined not more than one

thousand dollars ($1,000), or imprisoned for not more than one year, or both.

      (c) Subsections (a) and (b) do not apply to:

      (1) A discount or other reduction in price obtained by a provider of services or other

entity if the reduction in price is properly disclosed and appropriately reflected in the costs

claimed or charges made by the provider;

      (2) Any amount paid by an employer to an employee (who has a bona fide employment

relationship with the employer) for employment in the provision of health care services;

      (3) Any amount paid by a vendor of goods or services to a person authorized to act as a

purchasing agent for a group of individuals or entities who are furnishing health care services, if:

      (i) The person has a written contract, with each individual or entity, which specifies the

amount to be paid the person, which amount may be a fixed amount or a fixed percentage of the

value of the purchases made by each individual or entity under the contract; and

      (ii) In the case of an entity that is a provider of services, the person discloses (in the form

and manner that the director requires) to the entity and, upon request, to the director, the amount

received from each vendor with respect to purchases made by or on behalf of the entity.

      (4) A waiver of any coinsurance under part B of title XVIII by a federally qualified

health care center with respect to an individual who qualifies for subsidized services under a

provision of the Public Health Service Act; or .

      (5) Any payment practice specified in regulations promulgated pursuant to section 14(a)

of the Medicare and Medicaid Patient and Program Protection Act of 1987 or to chapter 66.2 of

title 42 relating to Pharmaceutical Assistance to the Elderly.

(6) A discount or other reduction in price on a health care item or a limited-time free

supply of such item which is made available to an individual, if such is provided through a “point

of sale” or “mail-in” coupon or through other similar means.

     SECTION 2. This act shall take effect upon passage.

=======

LC01335

=======