Montana Code 53-24-312. Recovery residence prohibitions
53-24-312. Recovery residence prohibitions. (1) The operator or staff of a recovery residence may not:
Terms Used In Montana Code 53-24-312
- Bribe: means anything of value or advantage, present or prospective, or any promise or undertaking to give anything of value or advantage, that is asked, given, or accepted with a corrupt intent to unlawfully influence the person to whom it is given in the person's action, vote, or opinion in any public or official capacity. See Montana Code 1-1-207
- Contract: A legal written agreement that becomes binding when signed.
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
(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.