ASSEMBLY OVERSIGHT, REFORM AND FEDERAL RELATIONS COMMITTEE

STATEMENT TO

ASSEMBLY, No. 3973

STATE OF NEW JERSEY

DATED:  MAY 13, 2024

      The Assembly Oversight, Reform and Federal Relations Committee reports favorably Assembly Bill No. 3973.

      This bill would revise the current law that criminalizes certain payments for the referral of patients to substance use disorder treatment facilities.

      The bill makes it a crime of the third degree for a person to make or receive a payment or otherwise furnish or receive any fee, commission, or rebate to any person in connection with the referral of patients to a facility licensed in accordance with section 8 of P.L.1975, c.305 (C.26:2B-14) for substance use disorder treatment or services or to a substance use disorder treatment facility issued a certificate of approval pursuant to P.L.1970, c.334 (C.26:2G-21 et seq.).  The bill makes it a crime of the third degree for a person to knowingly assist, conspire with, or urge any person to make, furnish, or receive a payment, fee, commission, or rebate in violation of P.L.2021, c.31 (C.2C:40A-6).  Under current law, these offenses are crimes of the fourth degree.  The bill would also establish a fine of $50,000 that would automatically be applied to any person who violates these patient referral laws.

      The bill expressly includes health care providers, health care facilities, non-profit organizations, and recovery residences under the scope of these laws.