1. Short title This Act may be cited as the Eliminating Kickbacks in Recovery Act of 2018 . 2. 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 and clinical treatment facilities (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 or clinical treatment facility; 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 or clinical treatment facility; or (B) in exchange for an individual using the services of that recovery home or clinical treatment facility, 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; (2) a payment made by an employer to an employee or independent contract (who has a bona fide employment or contractual relationship with such employer) for employment, if the employee’s payment is not determined by or does not vary by— (A) the number of individuals referred to a particular recovery home or clinical treatment facility; (B) the number of tests or procedures performed