§321-487 Referral or transfers to uncertified or unlicensed care facility; penalty. (a) It shall be unlawful for a certified or licensed healthcare provider or certified or licensed care facility to knowingly refer or transfer patients to an uncertified or unlicensed care facility. The department may impose a fine on any certified or licensed healthcare provider or certified or licensed care facility that knowingly refers or transfers patients to a care home, agency, or facility operating without a certificate or license as required by law; provided that the fine shall be no more than:
(1) $500 for the first violation;
(2) $1,000 for the second violation; and
(3) $2,000 for the third and each succeeding violation.
(b) Notwithstanding subsection (a) to the contrary, the healthcare provider or healthcare facility shall not be fined under this section if:
(1) A patient or anyone authorized to make decisions on behalf of the patient requests to be transferred to an uncertified or unlicensed care facility;
(2) The care facility becomes uncertified or unlicensed after a referral or transfer; or
(3) The healthcare provider or healthcare facility refers or transfers a patient in good faith to a care facility, without actual proof or knowledge that the care facility is uncertified or unlicensed. [L 2018, c 148, pt of §1]
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