Section 754 Of Article 5. Unlawful Referrals From California Insurance Code >> Division 1. >> Part 2. >> Chapter 1. >> Article 5.
754
. (a) It is unlawful for any person to solicit, receive, offer,
or pay any referral fee for the referral of an individual for the
furnishing of services or goods for which the person knows or should
have known whole or partial reimbursement is or may be made, directly
or indirectly, by any insurer. As used in this section, a referral
fee is a fee paid by a person furnishing goods or services to another
in return for the referral of an individual to that person for the
furnishing of services or goods. It includes any referral fee,
kickback, bribe, or rebate, whether made directly or indirectly,
overtly or covertly, or in cash or in kind. This subdivision does not
apply to any of the following:
(1) Discounts or similar reductions in prices.
(2) Referral fees between attorneys if legal services are provided
pursuant to a contingency fee arrangement if any referral fee is
consistent with the Rules of Professional Conduct of the State Bar of
California.
(b) This section applies to all forms of insurance covering a
motor vehicle, including commercial and personal lines, and
comprehensive coverage, property damage coverage, collision coverage,
and liability coverage.
(c) A violation of this section is a misdemeanor punishable by a
fine not to exceed one thousand dollars ($1,000) for each violation.
Proceedings to enforce this section may be brought by any district
attorney or other prosecuting attorney.