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State and Federal Laws

Anti-Kickback Statute – 42 U.S. Code § 1320a–7b. Criminal penalties for acts involving Federal health care programs
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Resource / Agency Description:

A criminal statute that prohibits the exchange (or offer to exchange), of anything of value, in an effort to induce (or reward) the referral of business reimbursable by federal health care programs. Examples of prohibited kickbacks include receiving financial incentives for referrals, free or very low rent for office space, or excessive compensation for medical directorships. Other kickbacks include waving copayments, either routinely or on a selective case-by-case basis.

Resource / Agency Website Address:
https://www.law.cornell.edu/uscode/text/42/1320a-7b
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Manual of Policies and Procedures for California Residential Facilities
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Resource / Agency Description:
Manual of Policies and Procedures
COMMUNITY CARE LICENSING DIVISION
ADULT RESIDENTIAL FACILITIES
Title 22, Division 6, Chapter 6
STATE OF CALIFORNIAHEALTH AND HUMAN SERVICES AGENCY
DEPARTMENT OF SOCIAL SERVICES
Great reference material
Resource / Agency Website Address:
https://www.cdss.ca.gov/Portals/9/Regs/arfman.pdf?ver=2019-01-17-105028-427
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National Alliance for Model State Drug Laws
Address: NAMSDL Headquarters Office
1335 North Front Street, First Floor
Harrisburg, PA 17102
17102
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Resource / Agency Description:

Formed in 1993, NAMSDL began as the President’s Commission on Model State Drug Laws. This congressionally-established commission was charged with creating a model code of laws to help states effectively address alcohol and other drug abuse.

Of particular interest is their Model Patient Protection & Treatment Ethics Actc

A model law outlawing unethical “treatment providers” who are preying on those suffering with SUDs and their families to fiscally exploit them and their health insurers without providing real treatment, through patient brokering, website hijacking, kickbacks and other illegal means.

LINK TO ACT: https://namsdl.org/wp-content/uploads/Model-Patient-Protection-and-Treatment-Ethics-Act.pdf

Resource / Agency Website Address:
https://namsdl.org/
Resource / Agency Phone Number:
703.229.4954
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Stark Law – 42 U.S. Code § 1395nn. Limitation on certain physician referrals
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Resource / Agency Description:

A set of laws preventing physicians from making referrals to any business they have an ownership stake in.

Resource / Agency Website Address:
https://www.law.cornell.edu/uscode/text/42/1395nn
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