,,ii #aaeth ,,congress #b;d ,session ,s4 #cbed ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ai1 #bjah ,mr4 ,rubio 7for himself and ,ms4 ,klobuchar7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to establish criminal penalties for unlawful payments for referrals to recovery homes and clinical treatment facilities4 #a4 ,short title ,this ,act may be cited as the ,eliminating ,kickbacks in ,recovery ,act of #bjah4 #b4 ,criminal penalties 7a7 ,in general ,chapter #aa of title #ah1 ,united ,states ,code1 is amended by inserting after section #bai the following3 #bbj4 ,illegal remunerations for referrals to recovery homes and clinical treatment facilities 7a7 ,offense ,except as provided in subsection 7c71 it shall be unlawful to1 in or affecting interstate or foreign commerce1 knowingly and willfully-- 7#a7 solicit or receive any remuneration 7including any kickback1 bribe1 or rebate7 directly or covertly1 in cash or in kind1 in return for referring a patient or patronage to a recovery home or clinical treatment facility2 7#b7 being a recovery home or clinical treatment facility1 or an officer or employee of a recovery home or clinical treatment facility acting in the course of their employment1 pay or offering any remuneration 7including any kickback1 bribe1 or rebate7 directly or covertly1 in cash or in kind1 to-- 7,a7 a person in exchange for the person referring an individual to that recovery home or clinical treatment facility2 or 7,b7 an individual in exchange for that individual using the services of that recovery home or clinical treatment facility2 or 7#c7 being a clinical service provider1 or an officer or employee of a clinical service provider acting in the course of their employment1 pay1 solicit1 or receive any remuneration 7including any kickback1 bribe1 or rebate7 directly or covertly1 in cash or in kind1 to a recovery home or clinical treatment facility1 or to an officer or employee of a recovery home or clinical treatment facility1 in exchange for referring an individual with a substance use disorder to a clinical service provider for clinical services4 7b7 ,penalty ,any person who violates subsection 7a7 shall be fined not more than #bjj1jjj1 imprisoned not more than #aj years1 or both4 7c7 ,applicability ,subsection 7a7 shall not apply to-- 7#a7 a discount or other reduction in price obtained by a provider of services or other entity under a health care benefit program if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity2 7#b7 any amount paid by an employer to an employee 7who has a bona fide employment relationship with such employer7 for employment in the provision of covered items or services and the employee's remuneration is not determined by the number of individuals referred to a particular recovery home or clinical treatment facility2 7#c7 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 services reimbursed if-- 7,a7 the person has a written contract1 with each such individual or entity1 which specifies the amount to be paid to the person1 which amount may be a fixed amount or a fixed percentage of the value of the purchases made by each such individual or entity under the contract2 and 7,b7 in the case of a recovery home or clinical treatment facility that is a provider of services1 the person discloses to the health care benefit program the remuneration received from each such vendor with respect to purchases made by or on behalf of the entity2 7#d7 a discount in the price of an applicable drug of a manufacturer that is furnished to an applicable beneficiary under the ,medicare coverage gap discount program under section #ahfj;,d-#ad;,a7g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aad;a7g772 7#e7 any payment made by a principal to an agent as compensation for the services of the agent under a personal services and management contract that meets the requirements of section #ajja4ieb7;d7 of title #db1 ,code of ,federal ,regulations1 as in effect on the date of enactment of this section2 7#f7 a waiver or discount 7as defined in section #ajja4ieb7;h77#e7 of title #db1 ,code of ,federal ,regulations1 as in effect on the date of enactment of this section7 of any coinsurance or copayment by a health care benefit program1 as determined by the health care benefit program2 or 7#g7 any remuneration between a health center or entity described under clause 7i7 or 7ii7 of section #aije7l77#b77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7l77#b77;,b77 and any individual or entity providing goods1 items1 services1 donations1 loans1 or a combination thereof1 to such health center entity pursuant to a contract1 lease1 grant1 or other agreement1 if such agreement contributes to the ability of the health center entity to maintain or increase the availability1 or enhance the quality1 of services provided to a medically underserved population served by the health center entity4 7d7 ,intent requirement ,with respect to a violation of this section1 a person need not have actual knowledge of this section or specific intent to commit a violation of this section4 7e7 ,definitions ,in this section-- 7#a7 the terms applicable beneficiary and applicable drug have the meanings given those terms in section #ahfj;,d-#ad;,a7g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aad;a7g772 7#b7 the term clinical treatment facility means a medical setting other than a hospital that provides detoxification1 risk reduction1 outpatient treatment1 residential treatment1 or rehabilitation for substance use2 7#c7 the term health care benefit program has the meaning given the term in section #bd7;b72 and 7#d7 the term recovery home means a shared living environment free from alcohol and illicit drug use and centered on peer support and connections to promote sustained recovery from substance use disorders4 4 7b7 ,clerical amendment ,the table of sections for chapter #aa of title #ah1 ,united ,states ,code1 is amended by inserting after the item related to section #bai the following3 #bbj4 ,illegal remunerations for referrals to recovery homes and clinical treatment facilities4 4