Fraudulent patient referrals; "body brokering"

A. No person shall knowingly or intentionally do either of the following: (1) Solicit, offer, pay, or receive any fee, payment, rebate, commission, or anything of value from a person for the referral of a patient to a residential substance abuse facility, mental health facility, or a facility licensed for substance use disorder treatment or services. (2) Urge or market to any person to make, furnish, or receive any fee, payment, rebate, commission, or anything of value for the referral of a patient to a residential substance abuse facility, mental health facility, or a facility licensed for substance use disorder treatment or services. B. The provisions of this Section do not apply to a person who, pursuant to a lawful agreement, makes, receives, or otherwise furnishes any fee, payment, commission, or rebate that does not vary based on any of the following: (1) The number of patients referred to a residential substance abuse facility, mental health facility, or a facility licensed for substance use disorder treatment or services. (2) The duration, level, volume, or nature of the substance use disorder treatment services provided to a patient. (3) The amount of benefits for treatment or services provided to a patient that are provided by a carrier to a residential substance use disorder treatment facility, mental health facility, or a facility licensed for substance use disorder treatment or services. C. For the purposes of this Section, the following terms have the following meanings: (1) "Person" means a natural or juridical person, including but not limited to a health care provider, health care facility, nonprofit organization, clinical laboratory, recovery residence, or any other individual or entity. (2) "Residential substance abuse facility" means any licensed behavioral health service provider with a residential substance use disorder treatment facility module. D. Whoever violates the provisions of this Section shall be imprisoned with or without hard labor for not more than five years, fined not more than fifty thousand dollars, or both. E. In addition to the penalties provided in Subsection D of this Section, a person convicted under this Section shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense in accordance with Code of Criminal Procedure Article 883.2.