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Assembly Bill A4718

2017-2018 Legislative Session

Prohibits payment for patient referrals in substance use disorder services

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Archive: Last Bill Status - In Assembly Committee

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2017-A4718 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §238-f, Pub Health L

2017-A4718 (ACTIVE) - Summary

Prohibits payment for patient referrals in substance use disorder services from addiction treatment providers.

2017-A4718 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4718
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the  public  health  law,  in  relation  to  prohibiting
   payment for patient referrals in substance use disorder services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 238-f to read as follows:
   §   238-F.   PROHIBITION  OF  FINANCIAL  ARRANGEMENTS  AND  REFERRALS;
 SUBSTANCE USE DISORDER SERVICES. 1.  DEFINITIONS.  THE  FOLLOWING  DEFI-
 NITIONS SHALL APPLY FOR THE PURPOSES OF THIS SECTION:
   (A)  "SUBSTANCE USE DISORDER SERVICES" SHALL MEAN AND INCLUDE EXAMINA-
 TION, EVALUATION, DIAGNOSIS, CARE, TREATMENT, REHABILITATION, OR  TRAIN-
 ING  OF  PERSONS  WITH  SUBSTANCE  USE  DISORDERS  AND THEIR FAMILIES OR
 SIGNIFICANT OTHERS BY A HEALTH CARE PROVIDER.
   (B) "ADDICTION TREATMENT PROVIDERS" SHALL MEAN AND  INCLUDE  REHABILI-
 TATION CENTERS, MEDICAL EXAMINATION FACILITIES, OR SUCH OTHER FACILITIES
 THAT  ENGAGE  IN SUBSTANCE USE DISORDER SERVICES INCLUDING ANY EMPLOYEES
 OR INDIVIDUALS UNDER ANOTHER AUTHORIZED FORM OF  ASSOCIATION  WITH  SUCH
 PROVIDERS.
   2. IT SHALL BE UNLAWFUL FOR ANY ADDICTION TREATMENT PROVIDER OR FAMILY
 MEMBER  THEREOF  TO  OFFER,  PAY,  SOLICIT, OR RECEIVE ANY FEE, THING OF
 VALUE, COMMISSION, BONUS, REBATE, KICKBACK, OR BRIBE, DIRECTLY OR  INDI-
 RECTLY,  IN  CASH OR IN KIND, OR ENGAGE IN ANY SPLIT-FEE ARRANGEMENT, IN
 ANY FORM WHATSOEVER, TO INDUCE OR IN RETURN FOR THE REFERRAL OF PATIENTS
 OR PATRONAGE TO OR FROM ADDICTION TREATMENT PROVIDERS.
   3. THIS SECTION SHALL NOT APPLY TO PAYMENT  FOR  GOODS  OR  FACILITIES
 THAT  WERE  ACTUALLY FURNISHED OR SERVICES THAT WERE ACTUALLY PERFORMED.
 SUCH PAYMENT MUST BE REASONABLY RELATED TO THE FAIR MARKET VALUE OF  THE
 GOODS  OR  FACILITIES THAT WERE ACTUALLY FURNISHED OR SERVICES THAT WERE
 ACTUALLY PERFORMED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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