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

 
(1)__The purchasing agent has a written contract with
each such person that specifies the amount to be paid the
purchasing agent, and if the amount to be paid is a fixed
amount or a fixed percentage of the value of the
purchases made by each person under the contract; and

 
(2)__In the case of a person that is a provider of a
service, the purchasing agent discloses to the person,
and upon the department's request, to the department
the amount received from each such vendor with respect
to the purchases made by or on behalf of the person; or

 
D.__A payment practice specified by rule by the department.__
Such rules are routine technical rules as defined in Title
5, chapter 375, subchapter II-A.

 
4.__Penalty.__Soliciting or receiving illegal remuneration is
a Class C crime.__Paying or offering to pay illegal remuneration
is a Class C crime.

 
SUMMARY

 
This bill proposes to add an anti-kickback law to state
Medicaid law. The bill is similar to the federal Medicare anti-
kickback law. This bill would make it a Class C crime for a
person to offer, pay, solicit or receive remuneration of any kind
in return for practices such as referring an individual for
services or purchasing goods and services paid for by Medicaid.


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