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 (c), it shall be unlawful to, in or affecting interstate or foreign commerce, knowingly and willfully— (1) solicit or receive any remuneration (including any kickback, bribe, or rebate) directly or covertly, in cash or in kind, in return for referring a patient or patronage to a recovery home or clinical treatment facility; (2) being a recovery home or clinical treatment facility, or an officer or employee of a recovery home or clinical treatment facility acting in the course of their employment, pay or offering any remuneration (including any kickback, bribe, or rebate) directly or covertly, in cash or in kind, to— (A) a person in exchange for the person referring an individual to that recovery home or clinical treatment facility; or (B) an individual in exchange for that individual using the services of that recovery home or clinical treatment facility