13-3730. Unlawful patient brokering; classification; definition

A. It is unlawful for a person, including a health care provider, health care facility or sober living home, when only providing or offering substance use disorder services, to offer, pay, solicit or receive any commission, bonus, rebate, kickback or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, in return for either:

1. Referring patients or clients to or from a sober living home or a substance use disorder treatment facility.

2. Accepting or acknowledging the enrollment of a patient or client for substance use disorder services at a sober living home.

B. A violation of this section is:

1. A class 3 felony if the consideration has a value of one thousand dollars or more.

2. A class 4 felony if the consideration has a value of more than one hundred dollars but less than one thousand dollars.

3. A class 6 felony if the consideration has a value of one hundred dollars or less.

C. For the purposes of this section, " sober living home" means any premises, place or building that provides alcohol-free or drug-free housing and that:

1. Promotes independent living and life skills development.

2. May provide activities that are directed primarily toward recovery from substance use disorders.

3. Provides a supervised setting to a group of unrelated individuals who are recovering from substance use disorders.

4. Does not provide any medical or clinical services or medication administration on-site, except for verification of abstinence.