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Form a Business

Kickback, Bribe or Rebate

NMSA 1978 ch. 30, art. 41
in effect

NMSA 1978, § 30-41-1 Soliciting or receiving illegal kickback

30-41-1. Soliciting or receiving illegal kickback Whoever knowingly solicits or receives any remuneration in the form of any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind from a person: A. in return for referring an individual to that person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part with public money; or B. in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any goods, facilities, services, or items for which payment may be made in whole or in part with public money, shall be guilty of a fourth degree felony. Laws 1979, ch. 384, § 1.

NMSA 1978, § 30-41-2 Offering or paying illegal kickback

30-41-2. Offering or paying illegal kickback Whoever knowingly offers or pays any remuneration in the form of any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind to any person to induce such person: A. to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part with public money; or B. to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any goods, facilities, services, or items for which payment may be made in whole or in part with public money, shall be guilty of a fourth degree felony. Laws 1979, ch. 384, § 2.

NMSA 1978, § 30-41-3 Exceptions

30-41-3. Exceptions This act [30-41-1 to 30-41-3 NMSA 1978] shall not apply to: A. a discount or other reduction in price obtained by a provider of services or other entity if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity; or B. any amount paid by an employer to an employee who has a bona fide employment relationship with such employer for employment in the provision of covered items or services. Laws 1979, ch. 384, § 3.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18530/index.doFetched: 10/20/2026

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