LD 149
pg. 1
LD 149 Title Page An Act to Enact a Medicaid Anti-kickback Law Page 2 of 2
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LR 240
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 22 MRSA §3182-A is enacted to read:

 
§3182-A.__Illegal remuneration

 
1.__Soliciting or receiving illegal remuneration.__A person is
guilty of soliciting or receiving illegal remuneration if that
person knowingly solicits or receives remuneration in cash or in
kind in return for:

 
A.__Referring an individual to a person for the furnishing
or arranging for the furnishing of any item or service for
which payment may be made in whole or in part under this
chapter; or

 
B.__Purchasing, leasing or ordering or arranging for or
recommending purchasing, leasing or ordering any good,
facility, service or item for which payment may be made in
whole or in part under this chapter.

 
2.__Paying or offering to pay illegal remuneration.__A person
is guilty of paying or offering to pay illegal remuneration if
that person knowingly offers to pay remuneration in cash or in
kind to induce another person to:

 
A.__Refer an individual to a person for the furnishing or
arranging for the furnishing of any item or service for
which payment may be made in whole or in part under this
chapter; or

 
B.__Purchase, lease or order or arrange for or recommend
purchasing, leasing or ordering any good, facility, service
or item for which payment may be made in whole or in part
under this chapter.

 
3.__Exceptions.__Subsections 1 and 2 do not apply to:

 
A.__A discount or other reduction in price obtained by a
person if the reduction in price is properly disclosed and
appropriately reflected in the costs claimed or the charges
made by the person under this chapter;

 
B.__An amount paid by an employer to a bona fide employee
for employment in the provision of covered items and
services;

 
C.__An amount paid by a vendor of a good or a service to a
person authorized to act as a purchasing agent for a group
of persons who are furnishing services under this chapter
if:


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