N.J. Admin. Code § 13:34D-6.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:34D-6.7 - Prohibition on solicitation; unethical referrals and kickbacks

(a) A licensee who provides services to an agency shall not solicit, for his or her private practice, the agency's clients for the same services the agency provides. Nothing in this section prohibits a licensee from offering to the client all appropriate options upon termination of services by the client or the agency, including the continuation of services in private practice.

(b) A licensee shall not refer a client to a service in which the licensee and his or her immediate family has a financial interest as defined in the Health Care Cost Reduction Act, N.J. S.A. 45:9-22.4 et seq., including an equity or ownership interest in a practice or in a commercial entity holding itself out as offering a health care service.

(c) A licensee shall not prescribe goods or devices that the licensee sells or leases to the client in which the licensee has ownership or interest, unless the licensee advises the client of such ownership or interest.

(d) A licensee shall not pay or offer to pay any fee or other form of compensation for referral of a client for professional services or for referral of a client for the purchase of goods.

(e) A licensee shall not receive any fee or other form of compensation for referral of a client for professional services or for referral of a client for the purchase of goods.

(f) A licensee shall not permit the division of fees for professional services, unless the licensee is engaged in a bona fide partnership, professional service corporation, or employment relationship.

N.J. Admin. Code § 13:34D-6.7

Adopted by 51 N.J.R. 1674(a), effective 11/18/2019