Superseded 5/2/2024)
Superseded 5/2/2024
76-10-3201. Prohibition on kickbacks.
| (1) |
As used in this section:
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Terms Used In Utah Code 76-10-3201- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
| (a) |
“Kickback or bribe” means a rebate, compensation, or any other form of remuneration, that is:
| (iii) |
in cash or in kind. |
|
| (b) |
“Kickback or bribe” does not include:
| (i) |
a fee that is:
| (A) |
shared between two or more individuals, each of whom is licensed to practice law; and |
| (B) |
charged for services provided in the individual’s capacity as a licensee described in Subsection (1)(b)(i)(A); or |
|
| (ii) |
payment for medical services rendered. |
|
|
| (2) |
| (a) |
An actor may not solicit or receive a kickback or bribe in return for the referral of a person to another person for the furnishing of any good or service that relates to any insurance claim or a claim for damages. |
| (b) |
An actor may not offer or pay a kickback or bribe to induce the referral of a person to another person for the furnishing of any good or service that relates to any insurance claim or a claim for damages. |
|
| (3) |
A violation of Subsection (2) is a third degree felony. |
| (4) |
This section does not apply to an individual licensed to practice law or a medical provider when referring, without compensation, a client for medical treatment or evaluation. |
Amended by Chapter 515, 2023 General Session
