New Hampshire Anti-Kickback & Referral Laws

New Hampshire Anti-Kickback Law at a Glance

New Hampshire’s anti-kickback and referral laws primarily address the offering or receiving of remuneration in exchange for referrals involving state healthcare programs. These laws shape healthcare arrangements by prohibiting certain types of financial incentives that could influence the referral process. While the state does not have a broad fee-splitting statute like some other jurisdictions, its laws specifically target remuneration tied to referrals under state-funded programs, reflecting a focused approach to preventing improper influence in healthcare decision-making.

State Statutes

N.H. Rev. Stat. § 167:61-a(I)(i) criminalizes the offering, paying, soliciting, or receiving of remuneration for the purpose of inducing or rewarding referrals of items or services payable by a state healthcare program. This statute is a felony offense and aligns with broader anti-kickback principles found in federal law. It applies to individuals and entities involved in healthcare referral arrangements and is particularly relevant in cases involving state-sponsored or state-administered healthcare programs. The statute does not distinguish based on the amount of remuneration, emphasizing the intent to influence the referral process.

Although New Hampshire does not have a specific fee-splitting statute, the implications of N.H. Rev. Stat. § 167:61-a(I)(i) may extend to arrangements involving the sharing of revenue or other benefits that could be seen as incentivizing referrals. Providers and entities engaged in such arrangements must be mindful of the potential overlap with this statute, particularly when referrals involve state healthcare programs. The statute does not include specific exceptions or safe harbors, making compliance a critical concern for practitioners.

Enforcement

Enforcement of New Hampshire’s anti-kickback and referral laws is typically handled by state licensing boards and regulatory agencies responsible for overseeing healthcare professions and facilities. These include the New Hampshire Board of Medicine, the New Hampshire Board of Nursing, and the New Hampshire Department of Health and Human Services. These entities may investigate potential violations and impose disciplinary actions, such as license suspension or revocation, in addition to referring cases to law enforcement for criminal prosecution under state statutes.

The Federal Overlay

The federal Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b), makes it a felony to knowingly and willfully offer, pay, solicit, or receive remuneration to induce or reward referrals of items or services payable by a federal health care program. The Stark Law, 42 U.S.C. § 1395nn, separately prohibits physician self-referrals for designated health services payable by Medicare or Medicaid, on strict-liability terms. Both regimes carry safe harbors and exceptions published at 42 C.F.R. § 1001.952. State referral and fee-splitting statutes operate alongside these federal prohibitions and can apply even where no federal program payment is involved.

Reading the State Desk

To understand how New Hampshire’s laws interact with federal anti-kickback and referral frameworks, refer to the following resources: /practice-areas/, /the-anti-kickback-statute-explained-why-referral-payments-trigger-scrutiny/, /safe-harbors-under-the-anti-kickback-statute-and-where-providers-get-tripped-up/, /aks-and-stark-law-how-the-two-regimes-overlap-in-healthcare-investigations/, /recent-antikickback-statute-decisions/, and /faq/.