KRS 216.2950: Self-referral restrictions -- Offenses.

(1) Except as otherwise provided in KRS 205.510 to 205.630, no provider shall

knowingly solicit, receive, or offer any remuneration (including any kickback, bribe,

or rebate) for furnishing medical assistance benefits or in return for purchasing,

leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering

any goods, facility, service, or item for which payment may be received from

Medicare or Medicaid.

(2) (a) No provider shall knowingly make, offer, or receive a payment, a rebate of a

fee, or a charge for referring a patient to another provider for furnishing of

Medicare or Medicaid benefits.

(b) Any conduct or activity which does not violate or which is protected under the

provisions of 42 U.S.C. sec. 1395nn or 42 U.S.C. sec. 1320A -7B(b), as

amended, or federal regulations promulgated under those statutes, shall not be

deemed to violate the provisions of this section and the conduct or activity

shall be accorded the same protections allowed under federal law and

regulation. Any conduct of activity by any provider which violates the

provisions of 42 U.S.C. sec. 1395nn or 42 U.S.C. sec. 1320A -7B(b), as

amended, where Medicare and Medicaid payment is involved, shall be

deemed to violate the provisions of this section.

(3) Any person who vio lates subsection (1) or (2) of this section shall be guilty of a

Class A misdemeanor unless the combination or aggregation of offenses is valued at

three hundred dollars ($300) or more, in which case it shall be a Class D felony. In

addition to any other p enalty authorized by law, any person who violates the

provisions of subsection (2)(a) of this section shall not be entitled to bill or collect

from the patient or any third -party payor and shall repay any payments due the

Commonwealth for services provided which were related to the referral.