On October 24, 2018, President Donald Trump officially approved the SUPPORT for Patients and Communities Act (known by legal code as H.R. 6). Intended to support addiction treatment patients as they work towards recovery, the act place new restrictions on drug rehab facilities across the United States.
Providers of addiction recovery treatment and rehabilitation services should pay particularly close attention to the details about patient brokering (an illegal activity in which criminals con addicts out of money via lies and false promises). SUPPORT includes provisions and severe restrictions on this type of customer acquisition and further outlines the specific ways addiction treatment facilities can reach out to new and potential patients.
Of particular importance to the addiction recovery treatment community is section Section 8122 or the Eliminating Kickbacks in Recovery Act 2018. Under this act, offering potential patients referrals or fees waivers or discounts to entice these individuals into seeking treatment for addiction or abuse is no longer allowed.
The punishment for those found in violation of this laws is significant. Those convicted of this crime will be imprisoned for a maximum of 10 years and will pay fines estimated at $200,000. Understanding this new law is essential for both providers and the patients they treat.
A Closer Look at Prohibitions and Illegal Activity
In accordance with the federal law of the United States of America, the Eliminating Kickbacks in Recovery Act 2018 applies to “whoever, with respect to services covered by a health care benefit program…knowingly and willfully
“(1) solicits or receives any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind, in return for referring a patient or patronage to a recovery home, clinical treatment facility, or laboratory; or
“(2) pays or offers any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind
“(A) to induce a referral of an individual to a recovery home, clinical treatment facility, or laboratory; or
“(B) in exchange for an individual using the services of that recovery home, clinical treatment facility, or laboratory,
shall be fined not more than $200,000, imprisoned not more than 10 years, or both, for each occurrence.”
The law prohibits offering a potential patient payment or remuneration for joining the program and also bars the program from offering current patients remuneration for referring the program to potential patients.
The law is currently in effect and can apply to both public and private programs including recovery homes, clinical facilities, or laboratories. Overall, this section bears great similarities to the Medicare Anti-Kickback Statute’s (AKS) exemptions, except for one major difference.
What the New Section Offers
Overall, Section 8122 has deemed it illegal for employers to pay employees and independent contractors by how many tests are completed, how many bills are sent, or the monetary amount billed and received, partway or in total, from the health program in question. However, 8122 does approve marketing services, including hiring independent entities for advertising services.
Organizations also cannot offer patients discounts or deductibles or promise co-payments and co-insurance, with the exception of a waiver or discount that is not a part of the regular business practice. However, Section 8122 does forbid the practice of offering gifts to patients in exchange for their presence at a facility.
The new law comes as the nation battles the opioid crisis that has expanded across the United States. Congress has recently taken several bipartisan efforts to combat the drug epidemic and the crisis was a key talking point in the mid-term elections.
The goal of any addiction treatment center should be the recovery and sobriety of its patients. At Asana Recovery, we work every day to provide the best care possible to our patients and to help them on their way to a happier, healthier life. While the road to recovery might not be an easy road to travel, we promise to help you every step of the way. Take the first step to stay fit, healthy, and safe today.
If you’d like more information about how Asana Recovery can help you, we are ready and waiting to speak with you. Call Asana Recovery now at (949) 438-4504 to learn how to overcome your drug abuse or addiction troubles today.
