§ 24-31-809 — Unlawful remuneration - penalties

(1) Except as provided in
subsection (2) of this section, it is unlawful for any person to knowingly offer, pay,
solicit, or receive any remuneration including, but not limited to, any kickback,
bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind:

(a) In return for the referral of an individual to a person for the furnishing or
arranging of any good or service for which payment may be made in whole or in part
pursuant to the Colorado Medical Assistance Act; or

(b) In return for purchasing, leasing, ordering, or arranging for or
recommending the purchase, lease, or ordering of any good, facility, service, or item
for which payment may be made in whole or in part pursuant to the Colorado
Medical Assistance Act.

(2) It shall not be unlawful under subsection (1) of this section if the
remuneration obtained by the provider or other entity is:

(a) Permitted pursuant to section 25.5-4-414 or any statutory exceptions or
safe harbor regulations under the federal Anti-Kickback Statute, 42 U.S.C. sec.
1320a-7b (b), as amended;

(b) Properly disclosed and appropriately reflected in the claims or cost
documents submitted under the Colorado Medical Assistance Act;

(c) Paid by an employer to an employee who has a bona fide employment
relationship with such employer for employment in providing the service; or

(d) Paid by a vendor of goods or services to a person authorized to act as a
purchasing agent for a group of providers, and:

(I) The person has a written contract with the providers that specifies the
amount to be paid to the person, which amount may be a fixed amount or a fixed
percentage of the value of the purchase made by the person; or

(II) In the case of a provider of services, the person discloses, in such form
and manner as the department of health care policy and financing requires, to the
provider and, upon request, to the department of health care policy and financing
the amount received from each such vendor with respect to purchases made by or
on behalf of the provider.

(3) A violation of this section is a class 2 misdemeanor and shall be punished
as provided in section 18-1.3-501.

Legislative History

Source: L. 2018: Entire part added, (HB 18-1211), ch. 159, p. 1118, � 2, effective January 1, 2019. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3227, � 417, effective March 1, 2022.