Relating to solicitation of patients and other prohibited marketing practices, the establishment of the task force on patient solicitation, and the prosecution of certain related criminal offenses.

Contracts

• Marketing & Lead Generation Agreements: All Master Services Agreements (MSAs) with third-party marketers must be amended to mandate that the vendor discloses their financial relationship with your facility to the patient *at the point of contact*.
• Employment Agreements: Update contracts to explicitly forbid "covert" solicitation. Insert language stating that failure to disclose affiliation to a prospective patient is grounds for immediate termination for cause to mitigate facility liability.
• School MOUs: Existing agreements to provide counseling in schools must be reviewed to ensure they have specific, written authorization from the governing body (e.g., School Board), not just administrative staff.

Hiring/Training

• Intake Script Overhaul: Intake staff and call centers must be retrained immediately. Scripts must include a mandatory declaration: *"I am an employee/contractor of [Facility Name]."*
• Referral Verification: Staff responsible for paying interventionists must verify the payee is a "Qualified Mental Health Referral Service" (QMHRS), a non-profit, or a government entity. Payments to independent, for-profit interventionists are now prohibited.

Reporting & Record-Keeping

• Admission Disclosure Form: You must create and implement a "Marketing & Referral Disclosure Form" to be signed by the patient at admission. This form must explicitly state if the patient was referred via a paid marketing arrangement.
• Substantiation Data: You must maintain internal data or third-party audits to back up any statistical claims of success (e.g., "90% recovery rate") made in advertising.

Fees & Costs

• Civil Penalties: The minimum civil penalty for violations of the Treatment Facilities Marketing Practices Act has doubled from $1,000 to $2,000 per violation, with a cap of $25,000.
• Litigation Risk: Insurance policies (D&O/Professional Liability) generally exclude criminal acts; expanded criminal definitions for "indirect" remuneration may leave facilities defending actions without coverage.