; or (2) the date that the national clearinghouse required under section 31306a of title 49, United States Code, is operational. J Eliminating Kickbacks in Recovery 8121. Short title This subtitle may be cited as the Eliminating Kickbacks in Recovery Act of 2018 . 8122. Criminal penalties (a) In general Chapter 11 of title 18, United States Code, is amended by inserting after section 219 the following: 220. Illegal remunerations for referrals to recovery homes, clinical treatment facilities, and laboratories (a) Offense Except as provided in subsection (b), whoever, with respect to services covered by a health care benefit program, in or affecting interstate or foreign commerce, knowingly and willfully— (1) solicits or receives any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind, in return for referring a patient or patronage to a recovery home, clinical treatment facility, or laboratory; or (2) pays or offers any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind— (A) to induce a referral of an individual to a recovery home, clinical treatment facility, or laboratory; or (B) in exchange for an individual using the services of that recovery home, clinical treatment facility, or laboratory, shall be fined not more than $200,000, imprisoned not more than 10 years, or both, for each occurrence. (b) Applicability Subsection (a) shall not apply to— (1) a discount or other reduction in price obtained by a provider of services or other entity under a health care benefit program if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity