24-31-809. Unlawful remuneration - penalties

24-31-809. Unlawful remuneration - penalties. (1) Except as provided in subsection (2) of this section, it is unlawful for any person to knowingly offer, pay, solicit, or receive any remuneration including, but not limited to, any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind:

(a) In return for the referral of an individual to a person for the furnishing or arranging of any good or service for which payment may be made in whole or in part pursuant to the "Colorado Medical Assistance Act"; or

(b) In return for purchasing, leasing, ordering, or arranging for or recommending the purchase, lease, or ordering of any good, facility, service, or item for which payment may be made in whole or in part pursuant to the "Colorado Medical Assistance Act".

(2) It shall not be unlawful under subsection (1) of this section if the remuneration obtained by the provider or other entity is:

(a) Permitted pursuant to section 25.5-4-414 or any statutory exceptions or safe harbor regulations under the federal "Anti-Kickback Statute", 42 U.S.C. sec. 1320a-7b (b), as amended;

(b) Properly disclosed and appropriately reflected in the claims or cost documents submitted under the "Colorado Medical Assistance Act";

(c) Paid by an employer to an employee who has a bona fide employment relationship with such employer for employment in providing the service; or

(d) Paid by a vendor of goods or services to a person authorized to act as a purchasing agent for a group of providers, and:

(I) The person has a written contract with the providers that specifies the amount to be paid to the person, which amount may be a fixed amount or a fixed percentage of the value of the purchase made by the person; or

(II) In the case of a provider of services, the person discloses, in such form and manner as the department of health care policy and financing requires, to the provider and, upon request, to the department of health care policy and financing the amount received from each such vendor with respect to purchases made by or on behalf of the provider.

(3) A violation of this section is a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.