CRIME: Creates the crime of fraudulent patient referrals or "body brokering" (EN SEE FISC NOTE GF EX)

Crime Healthcare

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Annie Spell
Last action: 2026-05-22
Official status: Signed by the Governor - Act 312
Effective date: Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Law Against Fake Patient Referrals

This law makes it illegal to offer or accept money for sending patients to treatment centers without proper reasons.

What This Bill Does

Creates a new crime called 'fraudulent patient referrals' or 'body brokering'.
Prohibits people from giving or getting any kind of payment, like fees or commissions, for referring patients to substance abuse or mental health facilities.
Defines who can be involved in this law and what counts as illegal activity.
Sets penalties including jail time up to five years and fines up to $50,000.
Requires those found guilty to pay back any money they took from victims.

Who It Names or Affects

Health care providers
Facilities that treat substance abuse or mental health issues
Individuals who refer patients for treatment

Terms To Know

body brokering: The illegal act of referring patients to medical facilities in exchange for money or other benefits.
person: Includes individuals and organizations like health care providers, clinics, and non-profits.

Limits and Unknowns

Does not apply if payments are made according to a legal agreement that does not depend on the number of patients or treatment details.
The law only applies in Louisiana.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

House Floor Amendment #3937 Spell Annie Adopted

Adopted

Plain English: HFAHB676 4274 3937 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS 2026 Regular Session Amendments proposed by Representative Spell to Engrossed House Bill No.

HFAHB676 4274 3937 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS 2026 Regular Session Amendments proposed by Representative Spell to Engrossed House Bill No.
676 by Representative Spell 1 AMENDMENT NO.
1 2 On page 1, line 9, after "intentionally" delete the remainder of the line and at the beginning 3 of line 10, delete "or covertly, in cash or in kind," 4 AMENDMENT NO.
2 5 6 On page 1, line 11, after "rebate," delete the remainder of the line and at the beginning of 7 line 12, change"including but not limited to bribes or kickbacks to or" to "commission, or 8 anything of value" 9 AMENDMENT NO.

House Committee Amendment #3741 ACRJ Adopted

Adopted

Plain English: HCAHB676 4274 3741 HOUSE COMMITTEE AMENDMENTS 2026 Regular Session Amendments proposed by House Committee on Administration of Criminal Justice to Original House Bill No.

HCAHB676 4274 3741 HOUSE COMMITTEE AMENDMENTS 2026 Regular Session Amendments proposed by House Committee on Administration of Criminal Justice to Original House Bill No.
676 by Representative Spell 1 AMENDMENT NO.
1 2 On page 1, line 4, after "penalties;" and before "and" insert "to provide for an effective date;" 3 AMENDMENT NO.
2 4 On page 1, line 16, after "kickbacks" delete the remainder of the line and insert "for the 5 referral of a patient to a residential substance abuse facility, mental health facility, or a 6 facility licensed for substance use disorder treatment or services." 7 AMENDMENT NO.

House Committee Amendment #3601 ACRJ Draft

Draft

Plain English: HCAHB676 4274 3601 HOUSE COMMITTEE AMENDMENTS 2026 Regular Session Amendments proposed by House Committee on Administration of Criminal Justice to Original House Bill No.

HCAHB676 4274 3601 HOUSE COMMITTEE AMENDMENTS 2026 Regular Session Amendments proposed by House Committee on Administration of Criminal Justice to Original House Bill No.
676 by Representative Spell 1 AMENDMENT NO.
1 2 On page 1, line 4, after "penalties;" and before "and" insert "to provide for an effective date;" 3 AMENDMENT NO.
2 4 On page 1, line 16, after "kickbacks" delete the remainder of the line and insert "for the 5 referral of a patient to a residential substance abuse facility, mental health facility, or a 6 facility licensed for substance use disorder treatment or services." 7 AMENDMENT NO.

Bill History

2026-05-22 H
Effective date: 05/22/2026.
2026-05-22 H
Signed by the Governor. Becomes Act No. 312.
2026-05-19 H
Sent to the Governor for executive approval.
2026-05-19 S
Signed by the President of the Senate.
2026-05-19 H
Enrolled and signed by the Speaker of the House.
2026-05-19 H
Received from the Senate without amendments.
2026-05-18 S
Rules suspended. Read by title, passed by a vote of 35 yeas and 0 nays, and ordered returned to the House. Motion to reconsider tabled.
2026-05-07 S
Reported without Legislative Bureau amendments. Read by title and passed to third reading and final passage.
2026-05-06 S
Read by title and referred to the Legislative Bureau.
2026-05-05 S
Rules suspended. Reported favorably.
2026-04-27 S
Read second time by title and referred to the Committee on Judiciary C.
2026-04-22 S
Received in the Senate. Read first time by title and placed on the Calendar for a second reading.
2026-04-21 H
Read third time by title, amended, roll called on final passage, yeas 94, nays 0. Finally passed, title adopted, ordered to the Senate.
2026-04-20 H
Scheduled for floor debate on 04/21/2026.
2026-04-15 H
Read by title, amended, ordered engrossed, passed to 3rd reading.
2026-04-14 H
Reported with amendments (10-0).
2026-03-09 H
Read by title, under the rules, referred to the Committee on Administration of Criminal Justice.
2026-02-27 H
First appeared in the Interim Calendar on 2/27/2026.
2026-02-27 H
Under the rules, provisionally referred to the Committee on Administration of Criminal Justice.
2026-02-27 H
Prefiled.

Official Summary Text

CRIME: Creates the crime of fraudulent patient referrals or "body brokering" (EN SEE FISC NOTE GF EX)

Current Bill Text

Read the full stored bill text

ENROLLED
ACT No. 3122026 Regular Session
HOUSE BILL NO. 676
BY REPRESENTATIVES SPELL AND CHASSION
1 AN ACT
2 To enact R.S. 14:70.5.1, relative to misappropriation without violence; to create the crime
3 of fraudulent patient referrals or "body brokering"; to provide for definitions; to
4 provide for exceptions; to provide for penalties; to provide for an effective date; and
5 to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:70.5.1 is hereby enacted to read as follows:
8 §70.5.1. Fraudulent patient referrals; "body brokering"
9 A. No person shall knowingly or intentionally do either of the following:
10 (1) Solicit, offer, pay, or receive any fee, payment, rebate, commission, or
11 anything of value from a person for the referral of a patient to a residential substance
12 abuse facility, mental health facility, or a facility licensed for substance use disorder
13 treatment or services.
14 (2) Urge or market to any person to make, furnish, or receive any fee,
15 payment, rebate, commission, or anything of value for the referral of a patient to a
16 residential substance abuse facility, mental health facility, or a facility licensed for
17 substance use disorder treatment or services.
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 676 ENROLLED
1 B. The provisions of this Section do not apply to a person who, pursuant to
2 a lawful agreement, makes, receives, or otherwise furnishes any fee, payment,
3 commission, or rebate that does not vary based on any of the following:
4 (1) The number of patients referred to a residential substance abuse facility,
5 mental health facility, or a facility licensed for substance use disorder treatment or
6 services.
7 (2) The duration, level, volume, or nature of the substance use disorder
8 treatment services provided to a patient.
9 (3) The amount of benefits for treatment or services provided to a patient that
10 are provided by a carrier to a residential substance use disorder treatment facility,
11 mental health facility, or a facility licensed for substance use disorder treatment or
12 services.
13 C. For the purposes of this Section, the following terms have the following
14 meanings:
15 (1) "Person" means a natural or juridical person, including but not limited
16 to a health care provider, health care facility, non-profit organization, clinical
17 laboratory, recovery residence, or any other individual or entity.
18 (2) "Residential substance abuse facility" means any licensed behavioral
19 health service provider with a residential substance use disorder treatment facility
20 module.
21 D. Whoever violates the provisions of this Section shall be imprisoned with
22 or without hard labor for not more than five years, fined not more than fifty thousand
23 dollars, or both.
24 E. In addition to the penalties provided in Subsection D of this Section, a
25 person convicted under this Section shall be ordered to make full restitution to the
26 victim and any other person who has suffered a financial loss as a result of the
27 offense in accordance with Code of Criminal Procedure Article 883.2.
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are additions.
HB NO. 676 ENROLLED
1 Section 2. This Act shall become effective upon signature by the governor or, if not
2 signed by the governor, upon expiration of the time for bills to become law without signature
3 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
4 vetoed by the governor and subsequently approved by the legislature, this Act shall become
5 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.