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Addiction treatment marketing rules in Kentucky
What you can claim, how you can pay for referrals, and where Kentucky diverges from the federal floor. Derived from the live ruleset library.
Yes. Kentucky has its own addiction-treatment marketing law, and Pre-Trip carries it as a live rule set, with every rule traced back to the section of law it comes from, checked 2026-08-11. On top of the federal rules that apply everywhere (42 CFR Part 2, the ad platforms' healthcare policies, EKRA, the FTC Act, HIPAA, the TCPA, CAN-SPAM), Kentucky adds a rule of its own, listed below with the section behind each one. A clean pass here means the copy cleared both.
KRS 222.429 (Prohibition against solicitation or receipt of remuneration for referrals to treatment programs): (1)(a) no person or provider may knowingly and willfully solicit or receive any remunerat
Every Kentucky scan also runs the always-on federal layer: 42 CFR Part 2 confidentiality and FTC endorsement rules in addic, Platform certification requirements for addiction treatment adve, EKRA referral remuneration in marketing copy, FTC deceptive health claims and endorsements, TCPA consent and revocation in calls and texts. A ruleset counts toward a clean pass only while it is published, matches its content hash, and its review clock is fresh, which is why the date above is load-bearing.
The claim types Kentucky law puts off-limits in treatment marketing. Each is compiled from the cited section; the scanner reads your copy for them, and the patterns stay on the server.
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High riskOffers of free or covered travel, airfare, lodging, or scholarship beds as an inducement to enter treatment.
KRS 222.429(1)(b)(2) prohibits paying or offering any remuneration, in cash or in kind, in exchange for an individual using the services of a treatment program. Free or covered travel, airfare, lodging, or a scholarship bed offered to a prospective patient as an inducement to enter treatment is remuneration in kind flowing to that individual. A violation is a Class A misdemeanor for each offense, and a Class D felony where the aggregation of value of the benefit received is one thousand dollars ($1,000) or more (KRS 222.429(4)).
KRS 222.429(1)(b)(2); 222.429(4) (2024 Ky. Acts ch. 68, sec. 4)
The exposure Kentucky attaches to a marketing violation, by tier. Exact amounts and elements live in the cited statute.
- CriminalPatient-brokering or referral-payment conduct can carry criminal exposure. The tier is in the cited statute.
- CivilCivil penalties per violation and deceptive-practices exposure. Amounts are in the cited section.
What the scanner does with two versions of the same idea. The flagged line is rendered the way Pre-Trip renders a finding; the clean line is a pass.
Free flights and a free 30-day bed for anyone who calls today.
Free travel and free treatment dangled to induce admission to a specific facility can read as patient brokering and an unlawful inducement.
Free travel, beds, or scholarships · KRS 222.429, prohibition against remuneration for referrals to treatment programs (Kentucky LRC)
We can help you understand travel and scholarship options and whether you qualify.
Signals help without dangling free value as the hook to induce an admission.
Kentucky and federal sources
- KRS 222.429, prohibition against remuneration for referrals to treatment programs (Kentucky LRC) primary
- KRS 222.427, definitions, qualified treatment programs, and the advertising-disclosure rulemaking directive (Kentucky LRC) primary
- 2024 Ky. Acts ch. 68 (SB 71), the enacting chapter primary
- 908 KAR 1:370, licensing and general requirements for nonhospital-based alcohol and other drug treatment entities (checked for the 222.427(4) rule, does not contain it) primary
- 18 U.S.C. 220, Eliminating Kickbacks in Recovery Act, incorporated by KRS 222.429(2) and (3) primary
- 42 C.F.R. Part 2 (eCFR current text) primary
- 16 C.F.R. Part 255 Endorsement Guides primary
- HHS fact sheet, 42 CFR Part 2 Final Rule (2024)
- 15 U.S.C. 45d (OARFPA 2018) primary
- Google Ads Healthcare and medicines policy primary
- Meta advertising standards, addiction treatment primary
- LegitScript addiction treatment certification
Pre-Trip is a rigorous screen, not legal advice. Counsel decides; we help you arrive prepared. Coverage for Kentucky reflects the library as of the build and changes as the law does.