Effective 5/2/2024
76-10-3201. Prohibition on kickbacks.
| (1) |
As used in this section:
Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.
Terms Used In Utah Code 76-10-3201 v2- 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.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
| (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 a client for medical treatment or evaluation, if the referral is made without compensation. |
| (5) |
This section does not apply to an individual licensed to practice law when:
| (a) |
paying a lien, contractual reimbursement, or medical bill on behalf of a client from proceeds of a settlement or judgment; or |
| (b) |
marketing to, or engaging in client development activities with, an individual licensed to provide medical treatment or evaluation, if the marketing or client development activities are not for the purpose of inducing the individual licensed to provide medical treatment or evaluation to refer a particular person to the individual licensed to practice law. |
|
Amended by Chapter 515, 2023 General Session
Amended by Chapter 536, 2023 General Session
