Budget Amendment ID: FY2023-S4-400

EHS 400

Anti-Kickback Statute Clarification

Mr. O'Connor moved that the proposed new text be amended by inserting the following sections:-

“SECTION XX. Section 41 of Chapter 118E of the General Laws is hereby amended by inserting at the end the following paragraph:-

“This section shall not apply to the solicitation or receipt, or offer or payment, of any remuneration, for internet-based advertising, appointment booking, or any service that provides information and resources to consumers regarding providers of any good, facility, service, or item for which payment may be made in whole or in part under this chapter, if the internet-based service provider does not recommend or endorse any provider of such items or services.

SECTION XX. Section 3 of Chapter 175H of the General Laws is hereby amended by inserting in subsection (a), after the words 'except as provided in subsection (b)' the following words:-

'or subsection (e)'

SECTION XX. Section 3 of Chapter 175H is hereby amended by inserting at the end the following subsection:-

'(e) This section shall not apply to the solicitation or receipt, or offer or payment, of any remuneration, for internet-based advertising, appointment booking, or any service that provides information and resources to consumers regarding providers of any good, facility, service, or item for which payment is or may be made in whole or in part by a health care insurer, if the internet-based service provider does not recommend or endorse any provider of such items or services.'"