§ 609.542 — Illegal Remunerations
Plain-Language Summary
Makes it a crime to give or receive kickbacks or other things of value in connection with services paid for by a federal health care program, a behavioral health program under chapter 254B, or a program under chapter 142E. Covered acts include paying or receiving value to induce patient referrals, the purchase or ordering of covered goods or services, or applying for or receiving such items. Penalties scale with the value involved: up to 5 years and a $10,000 fine if the value is $5,000 or less, up to 10 years and a $20,000 fine if it is more than $5,000 but not more than $35,000, and up to 20 years and a $100,000 fine if it exceeds $35,000. Values within a six-month period may be aggregated, and certain federal safe-harbor payments and bona fide employment arrangements are exempt.
609.542 ILLEGAL REMUNERATIONS.
§
Subdivision 1.Definition.
For purposes of this section, “federal health care program” has the meaning given in United States Code, title 42, section 1320a-7b(f). §
Subd. 2.Human services program; unauthorized remuneration.
(a) A person who intentionally solicits or receives money, a discount, a credit, a waiver, a rebate, a good, a service, employment, or anything else of value in return for doing any of the following is guilty of a crime and may be sentenced as provided in subdivision 4:
(1) referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under a federal health care program, behavioral health program under chapter 254B, or program under chapter 142E;
(2) purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under a federal health care program, behavioral health program under chapter 254B, or program under chapter 142E; or
(3) applying for or receiving any item or service for which payment may be made in whole or in part under a federal health care program, behavioral health program under chapter 254B, or program under chapter 142E.
(b) A person who intentionally offers or provides money, a discount, a credit, a waiver, a rebate, a good, a service, employment, or anything else of value to induce a person to do any of the following is guilty of a crime and may be sentenced as provided in subdivision 4:
(1) refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under a federal health care program, behavioral health program under chapter 254B, or program under chapter 142E;
(2) purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under a federal health care program, behavioral health program under chapter 254B, or program under chapter 142E; or
(3) apply for or receive any item or service for which payment may be made in whole or in part under a federal health care program, behavioral health program under chapter 254B, or program under chapter 142E. §
Subd. 3.Exceptions.
(a) Subdivision 2 does not apply to any payment, discount, waiver, or other remuneration exempted under United States Code, title 42, section 1320a-7b(b)(3), or payment made under a federal health care program that is exempt from liability by United States Code, title 42, section 1001.952.
(b) For actions involving a program under chapter 142E, subdivision 2 does not apply to:
(1) any amount paid by an employer to a bona fide employee for providing covered items or services under chapter 142E while acting in the course and scope of employment; or
(2) child care provider discounts, scholarships, or other financial assistance to families allowed under section 142E.17, subdivision 7. §
Subd. 4.Penalties.
An individual who violates subdivision 2 may be sentenced as follows:
(1) imprisonment of not more than 20 years or payment of a fine of not more than $100,000, or both, if the value of any money, discount, credit, waiver, rebate, good, service, employment, or other thing of value solicited, received, offered, or provided exceeds $35,000;
(2) imprisonment of not more than ten years or payment of a fine of not more than $20,000, or both, if the value of any money, discount, credit, waiver, rebate, good, service, employment, or other item of value solicited, received, offered, or provided is more than $5,000 but not more than $35,000; or
(3) imprisonment for not more than five years or payment of a fine of not more than $10,000, or both, if the value of any money, discount, credit, waiver, rebate, good, service, employment, or other item of value solicited, received, offered, or provided is not more than $5,000. §
Subd. 5.Aggregation.
In a prosecution under this section, the value of any money, discount, credit, waiver, rebate, good, service, employment, or other item of value solicited, received, offered, or provided within a six-month period may be aggregated and the defendant charged accordingly. When two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this subdivision. §
Subd. 6.False claims.
In addition to the penalties provided in this section, a claim, as defined in section 15C.01, subdivision 2, that includes items or services resulting from a violation of this section constitutes a false or fraudulent claim for purposes of section 15C.02.
History:
History: History:
2025 c 38 art 5 s 32