13-3730. Unlawful patient brokering; classification; definition

A. It is unlawful for a person, including a health care provider, behavioral health professional, health care institution or sober living home, to offer, pay, solicit or receive any commission, bonus, rebate, kickback or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, in return for either:

1. Referring patients or clients to or from a sober living home or a substance use disorder treatment facility.

2. Accepting or acknowledging the enrollment of a patient or client for substance use disorder services at a sober living home.

B. A violation of this section is:

1. A class 3 felony if the consideration has a value of $1,000 or more.

2. A class 4 felony if the consideration has a value of more than $100 but less than $1,000.

3. A class 6 felony if the consideration has a value of $100 or less.

C. For the purposes of this section, "sober living home" has the same meaning prescribed in section 36-2061.