NRS616D.390. Certain acts relating to offer, payment, transfer, acceptance or solicitation of additional value prohibited; improper use of referral fees; exceptions; penalty.

      1.  Except as otherwise provided in subsection 2, a person shall not:

      (a) While acting on behalf of a provider of health care, purchase or lease goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, and solicit or accept anything of additional value in return for or in connection with the purchase or lease;

      (b) Sell or lease to or for the use of a provider of health care goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, and offer, transfer or pay anything of additional value in connection with or in return for the sale or lease; or

      (c) Refer a person to a provider of health care for accident benefits for which payment may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, and solicit or accept anything of value in connection with the referral.

      2.  Paragraphs (a) and (b) of subsection 1 do not apply if the additional value transferred is:

      (a) A refund or discount made in the ordinary course of business;

      (b) Reflected by the books and records of the person transferring or receiving it; and

      (c) Reflected in the charges submitted to the insurer.

      3.  A provider of health care shall not offer, transfer or pay anything of value in connection with or in return for the referral to the provider of a patient for whom payment of accident benefits may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      4.  A person shall not, while acting on behalf of a provider of health care pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, charge, solicit, accept or receive anything of value in addition to the amount legally payable pursuant to any of those chapters in connection with the provision of the accident benefits.

      5.  A person who violates any provision of this section, if the value of the thing or any combination of things unlawfully solicited, accepted, offered, transferred, paid, charged or received:

      (a) Is less than $650, is guilty of a gross misdemeanor.

      (b) Is $650 or more, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 1993, 682; A 1995, 1308; 1997, 3223; 2011, 178)