Arizona Laws 13-3730. Unlawful patient brokering; classification; definition
A. It is unlawful for a person, including a health care provider, health care facility or sober living home, when only providing or offering substance use disorder services, to offer, pay, solicit or receive any commission, bonus, rebate, kickback or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, in return for either:
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 4 felony | up to 3 years | up to $150,000 |
| Class 6 felony | up to 1 1/2 years | up to $150,000 |
Terms Used In Arizona Laws 13-3730
- Bribe: means anything of value or advantage, present or prospective, asked, offered, given, accepted or promised with a corrupt intent to influence, unlawfully, the person to whom it is given in that person's action, vote or opinion, in any public or official capacity. See Arizona Laws 1-215
- Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Unlawful: means contrary to law or, where the context so requires, not allowed by law. See Arizona Laws 13-105
1. Referring patients or clients to or from a sober living home or a substance use disorder treatment facility.
2. Accepting or acknowledging the enrollment of a patient or client for substance use disorder services at a sober living home.
B. A violation of this section is:
1. A class 3 felony if the consideration has a value of one thousand dollars or more.
2. A class 4 felony if the consideration has a value of more than one hundred dollars but less than one thousand dollars.
3. A class 6 felony if the consideration has a value of one hundred dollars or less.
C. For the purposes of this section, "sober living home" means any premises, place or building that provides alcohol-free or drug-free housing and that:
1. Promotes independent living and life skills development.
2. May provide activities that are directed primarily toward recovery from substance use disorders.
3. Provides a supervised setting to a group of unrelated individuals who are recovering from substance use disorders.
4. Does not provide any medical or clinical services or medication administration on-site, except for verification of abstinence.