Section 3201 – Prohibition on kickbacks.

• (1) As used in this section:
  • (a) “Kickback or bribe” means a rebate, compensation, or any other form of remuneration, that is:
    • (i) direct or indirect;
    • (ii) overt or covert; or
    • (iii) in cash or in kind.
  • (b) “Kickback or bribe” does not include a fee that is:
    • (i) shared between two or more individuals, each of whom is licensed to practice law; and
    • (ii) charged for services provided in the individual’s capacity as a licensee described in Subsection (1)(b)(i).

• (2)
  • (a) An actor may not solicit or receive a kickback or bribe in return for the referral of a person to another person for the furnishing of any good or service that relates to any insurance claim or a claim for damages.
  • (b) An actor may not offer or pay a kickback or bribe to induce the referral of a person to another person for the furnishing of any good or service that relates to any insurance claim or a claim for damages.

• (3) A violation of Subsection (2)(a) or (b) is a third degree felony.

• (4) This section does not apply to an individual licensed to practice law when referring, without compensation, a client for medical treatment or evaluation.

Enacted by Chapter 415, 2022 General Session