Utah Code 26B-3-1103. Kickbacks or bribes prohibited

26B-3-1103. Kickbacks or bribes prohibited.

(1)

For purposes of this section, kickback or bribe:

Terms Used In Utah Code 26B-3-1103

Benefit: means the receipt of money, goods, or any other thing of pecuniary value. See Utah Code 26B-3-1101
Medical benefit: means a benefit paid or payable to:

(a)	a health care provider; or

(b)

a recipient or a provider under a program administered by the state under:

(i)	Titles V and XIX of the federal Social Security Act;

(ii)	Title X of the federal Public Health Services Act;

(iii)

the federal Child Nutrition Act of 1966 as amended by Pub. See Utah Code 26B-3-1101

Person: means an individual, corporation, unincorporated association, professional corporation, partnership, or other form of business association. See Utah Code 26B-3-1101

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

(a)

includes rebates, compensation, or any other form of remuneration which is:

(i)	direct or indirect;

(ii)	overt or covert; or

(iii)

in cash or in kind; and

(b)	does not include a rebate paid to the state under 42 U.S.C. § 1396r-8 or any state supplemental rebates.

(2)

A person may not solicit, offer, pay, or receive a kickback or bribe in return for or to induce:

(a)	the purchasing, leasing, or ordering of any goods or services for which payment is or may be made in whole or in part pursuant to a medical benefit program; or

(b)	the referral of an individual to another person for the furnishing of any goods or services for which payment is or may be made in whole or in part pursuant to a medical benefit program.

Renumbered and Amended by Chapter 306, 2023 General Session

Previous section

Next section

Part 11 Contents