Senate Bill S1335

2009-2010 Legislative Session

Establishes the class E felony of unlawful procurement of clients, patients or customers

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Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S1335 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §176.00, add §176.40, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S2004

2009-S1335 (ACTIVE) - Summary

Establishes the class E felony of unlawful procurement of clients, patients or customers for knowingly acting as a runner, or using, soliciting, directing, hiring or employing another person to act as a runner; a "runner" is defined as a person, who knowingly, for profit, seeks to procure clients, patients or customers on behalf of an attorney or health care provider for the purpose of falsely or fraudulently obtaining benefits under a contract of insurance or asserting a claim against an insurer or insured for the services provided by such attorney or health care provider.

2009-S1335 (ACTIVE) - Sponsor Memo

2009-S1335 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1335

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to establishing the  class  E
  felony of unlawful procurement of clients, patients or customers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 176.00 of the penal law is amended by adding  three
new subdivisions 6, 7 and 8 to read as follows:
  6.  "PROVIDER" MEANS AN ATTORNEY, A HEALTH CARE PROFESSIONAL, AN OWNER
OR OPERATOR OF A HEALTH  CARE  PRACTICE  OR  FACILITY,  ANY  PERSON  WHO
CREATES  THE  IMPRESSION  THAT  HE  OR  SHE,  OR HIS OR HER PRACTICE CAN
PROVIDE LEGAL OR HEALTH CARE SERVICES, OR ANY PERSON EMPLOYED OR  ACTING
ON BEHALF OF ANY SUCH PERSON.
  7.  "PUBLIC  MEDIA" MEANS TELEPHONE DIRECTORIES, PROFESSIONAL DIRECTO-
RIES, NEWSPAPERS AND OTHER  PERIODICALS,  RADIO  AND  TELEVISION,  BILL-
BOARDS,  AND MAILED OR ELECTRONICALLY TRANSMITTED WRITTEN COMMUNICATIONS
THAT DO NOT  INVOLVE  IN-PERSON  CONTACT  WITH  A  SPECIFIC  PROSPECTIVE
CLIENT, PATIENT, OR CUSTOMER.
  8.  "RUNNER"  MEANS A PERSON WHO, FOR A PECUNIARY BENEFIT, PROCURES OR
ATTEMPTS TO PROCURE A CLIENT, PATIENT OR CUSTOMER AT THE  DIRECTION  OF,
REQUEST  OF  OR IN COOPERATION WITH A PROVIDER WHEN SUCH PERSON KNOWS OR
HAS REASON TO KNOW THAT THE PURPOSE OF  SUCH  PROVIDER  IS  TO  SEEK  TO
FALSELY  OR FRAUDULENTLY: OBTAIN BENEFITS UNDER A CONTRACT OF INSURANCE;
OR ASSERT A CLAIM AGAINST AN INSURED OR AN INSURANCE CARRIER FOR PROVID-
ING SERVICES TO THE CLIENT, PATIENT OR CUSTOMER.  SUCH  TERM  SHALL  NOT
INCLUDE  A  PERSON WHO PROCURES OR ATTEMPTS TO PROCURE CLIENTS, PATIENTS
OR CUSTOMERS FOR A PROVIDER THROUGH PUBLIC MEDIA OR A PERSON WHO  REFERS
CLIENTS,  PATIENTS  OR  CUSTOMERS AS AUTHORIZED BY LAW.  NOTHING IN THIS
ARTICLE SHALL BE DEEMED TO PROHIBIT AN AGENT, BROKER OR  EMPLOYEE  OF  A
HEALTH  MAINTENANCE ORGANIZATION FROM SEEKING TO SELL HEALTH MAINTENANCE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03379-01-9

              

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