Attorney's Note

Under the New Jersey Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
crime of the fourth degreeup to 18 monthsup to $10,000
For details, see N.J. Rev. Stat.2C:43-6

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Terms Used In New Jersey Statutes 2C:40A-6

  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
1. a. A person is guilty of a crime of the fourth degree if the person makes or receives a payment or otherwise furnishes or receives any fee, commission, or rebate to any person in connection with the referral of patients to a facility licensed in accordance with section 8 of P.L.1975, c.305 (C. 26:2B-14) for substance use disorder treatment or services or to a substance use disorder treatment facility issued a certificate of approval pursuant to P.L.1970, c.334 (C. 26:2G-21 et seq.).

b. A person is guilty of a crime of the fourth degree if the person knowingly assists, conspires with, or urges any person to make, furnish, or receive a payment, fee, commission, or rebate in violation of subsection a. of this section.

c. It shall not be a violation of subsection a. of this section to make or receive a payment or otherwise furnish or receive any fee, commission, or rebate that does not vary based on:

(1) the number of patients referred to a substance use disorder treatment facility;

(2) the duration, level, volume, or nature of the substance use disorder treatment services provided to a patient; or

(3) the amount of benefits provided by a carrier to a substance use disorder treatment facility for treatment or services provided to a patient.

L.2021, c.31.