§ 53-24-312 — Recovery Residence Prohibitions

53-24-312 . Recovery residence prohibitions. (1) The operator or staff of a recovery residence may not:
(a) make a materially false or misleading statement or provide materially false or misleading information about the residence's identity, products, goods, services, or geographical locations in its marketing and advertising materials, media, and website;
(b) include on a website false information or electronic links, coding, or activation that provides false information or that surreptitiously directs the reader to another website;
(c) solicit, receive, or make an attempt to solicit or receive a commission, benefit, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, in return for a referral or an acceptance or acknowledgment of treatment from a qualified health care provider, provider of alcohol and drug services, or alcohol and drug prevention or treatment facility;
(d) engage or make an attempt to engage in a split-fee arrangement in return for a referral or an acceptance or acknowledgment of treatment from a qualified health care provider, provider of alcohol and drug services, or alcohol and drug prevention or treatment facility; or
(e) enter into a contract with a marketing provider who agrees to generate referrals or leads for the placement of patients with a qualified health care provider, provider of alcohol and drug services, or alcohol and drug prevention or treatment facility through a call center or a web-based presence unless this contract is disclosed to the prospective patient or resident.
(2) In addition to any other penalty authorized by law, a recovery residence that knowingly violates this section is subject to prosecution and penalties pursuant to the Montana Consumer Protection Act, Title 30, chapter 14, part 1.

Legislative History

En. Sec. 3, Ch. 648, L. 2023.