A BILL TO BE ENTITLED
AN ACT to prohibit giving or receiving remuneration related to the making of referrals or purchase/lease arrangements that lead to medicaid payments.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 108A‑63 is amended by adding the following new subsections to read:
"(g)	It shall be unlawful for any person to knowingly and willfully solicit or receive any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in-kind:
(1)	In return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under this Part.
(2)	In return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under this Part.
(h)	It shall be unlawful for any person to knowingly and willfully offer or pay any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in-kind to any person to induce such person:
(1)	To refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under this Part.
(2)	To purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under this Part.
(i)	Subsections (g) and (h) of this section shall not apply to:
(1)	Contracts between the State and a public or private agency where part of the agency's responsibility is referral of a person to a provider.
(2)	Any conduct or activity that is specified in 42 U.S.C. § 1320a‑7b(b)(3), as amended, or any federal regulations adopted pursuant thereto.
(j)	Nothing in subsections (g) and (h) of this section shall be interpreted or construed to conflict with 42 U.S.C. § 1320a‑7b(b), as amended, or with federal common law or federal agency interpretations of the statute."
SECTION 2.  This act becomes effective December 1, 2010, and applies to offenses committed on or after that date.