ND HB1373

Health council shall adopt rules restricting financial relationships and payment arrangements in which health care providers benefit financially from patient referrals, recommendations, or furnishing items or services, with rules more restrictive than federal anti-kickback statute requirements.

Federal anti-kickback statute restrictions apply to all persons in North Dakota regardless of state health care program participation until the health council adopts state rules.

Individuals may receive discounts, price reductions, or limited-time free samples of prescription drugs, medical supplies, or medical equipment from manufacturers, health plans, or pharmacy benefit managers if connected to their purchase and complying with state and federal law.

State health officer may assess fines of $1,000 or 110 percent of the estimated financial benefit realized from prohibited arrangements, whichever is greater, for violations of anti-kickback provisions.

Health provider cooperatives operating under chapter 26.1-49 are exempted from this section; act becomes effective January 1, 2020.