Prohibited activity by a procurer or provider

Ark. Code Ann. § 5-37-506 — under Forgery and Fraudulent Practices.

Ark. Code Ann. § 5-37-506

(a) A person commits the offense of prohibited activity by a procurer or provider if:(1) The person is a procurer and he or she knowingly:(A) Offers or gives anything of value to a person in order to cause the person to seek medical care from a specific healthcare provider;(B) Solicits a person currently under the care of a chiropractic physician to seek care from another chiropractic physician;(C) States, implies, or otherwise communicates to another person that:(i) The person has an affiliation with an insurance company;(ii) Payment of an insurance claim or insurance coverage is available or otherwise affected by the other person's willingness to see a specific provider;(iii) The Attorney General's office, the Arkansas State Board of Chiropractic Examiners, or any other regulatory or governmental agency has approved or is otherwise affiliated with the procurer; or(iv) A specific medical facility is a preferred medical clinic or in-network provider for any purpose;(D) Offers or gives anything of value or promises payment or a gift of any kind in connection with a solicitation contact with another person;(E) Uses a false name or identity during a solicitation of another person;(F) Provides or promises to provide to another person a prescription or nonprescription medication or medical supplies, unless the person is authorized to prescribe and treat as a licensed healthcare provider under state law;(G) Attempts to solicit another person using a telephone number that is not registered with the board; or(H) Makes any other statement to another person that is deceptive or misleading within the context of a solicitation; or(2) The person is a provider and he or she knowingly permits a procurer that he or she uses, directs, or employs to engage in conduct prohibited by subdivision (a)(1) of this section.

(1) The person is a procurer and he or she knowingly:(A) Offers or gives anything of value to a person in order to cause the person to seek medical care from a specific healthcare provider;(B) Solicits a person currently under the care of a chiropractic physician to seek care from another chiropractic physician;(C) States, implies, or otherwise communicates to another person that:(i) The person has an affiliation with an insurance company;(ii) Payment of an insurance claim or insurance coverage is available or otherwise affected by the other person's willingness to see a specific provider;(iii) The Attorney General's office, the Arkansas State Board of Chiropractic Examiners, or any other regulatory or governmental agency has approved or is otherwise affiliated with the procurer; or(iv) A specific medical facility is a preferred medical clinic or in-network provider for any purpose;(D) Offers or gives anything of value or promises payment or a gift of any kind in connection with a solicitation contact with another person;(E) Uses a false name or identity during a solicitation of another person;(F) Provides or promises to provide to another person a prescription or nonprescription medication or medical supplies, unless the person is authorized to prescribe and treat as a licensed healthcare provider under state law;(G) Attempts to solicit another person using a telephone number that is not registered with the board; or(H) Makes any other statement to another person that is deceptive or misleading within the context of a solicitation; or

(A) Offers or gives anything of value to a person in order to cause the person to seek medical care from a specific healthcare provider;

(B) Solicits a person currently under the care of a chiropractic physician to seek care from another chiropractic physician;

(C) States, implies, or otherwise communicates to another person that:(i) The person has an affiliation with an insurance company;(ii) Payment of an insurance claim or insurance coverage is available or otherwise affected by the other person's willingness to see a specific provider;(iii) The Attorney General's office, the Arkansas State Board of Chiropractic Examiners, or any other regulatory or governmental agency has approved or is otherwise affiliated with the procurer; or(iv) A specific medical facility is a preferred medical clinic or in-network provider for any purpose;

(i) The person has an affiliation with an insurance company;

(ii) Payment of an insurance claim or insurance coverage is available or otherwise affected by the other person's willingness to see a specific provider;

(iii) The Attorney General's office, the Arkansas State Board of Chiropractic Examiners, or any other regulatory or governmental agency has approved or is otherwise affiliated with the procurer; or

(iv) A specific medical facility is a preferred medical clinic or in-network provider for any purpose;

(D) Offers or gives anything of value or promises payment or a gift of any kind in connection with a solicitation contact with another person;

(E) Uses a false name or identity during a solicitation of another person;

(F) Provides or promises to provide to another person a prescription or nonprescription medication or medical supplies, unless the person is authorized to prescribe and treat as a licensed healthcare provider under state law;

(G) Attempts to solicit another person using a telephone number that is not registered with the board; or

(H) Makes any other statement to another person that is deceptive or misleading within the context of a solicitation; or

(2) The person is a provider and he or she knowingly permits a procurer that he or she uses, directs, or employs to engage in conduct prohibited by subdivision (a)(1) of this section.

(b) Prohibited activity by a procurer or provider is a Class D felony.