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Senate Bill S5313

2009-2010 Legislative Session

Establishes the crimes of abstraction or misapplication of medical assistance money, funds or property in the first, second and third degree

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Archive: Last Bill Status - In Senate Committee Health Committee

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2009-S5313 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Social Services Law
Laws Affected:
Add ยง363-e, Soc Serv L

2009-S5313 (ACTIVE) - Summary

Establishes the crimes of abstraction or misapplication of medical assistance money, funds or property of an organization authorized as a medicaid provider in the first, second and third degrees punishable as class C, class D and class E felonies, respectively.

2009-S5313 (ACTIVE) - Sponsor Memo

2009-S5313 (ACTIVE) - Bill Text download pdf 

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

                                  5313

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. MORAHAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services

AN ACT to amend the social services law, in relation to the  abstraction
  or  misapplication  of  money,  funds  or  property of an organization
  authorized as a medicaid provider by an  officer,  director,  trustee,
  employee or agent thereof

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

  Section 1. The social services law is amended by adding a new  section
363-e to read as follows:
  S  363-E.  ABSTRACTION  OR MISAPPLICATION OF MEDICAL ASSISTANCE MONEY,
FUNDS OR PROPERTY OF AN ORGANIZATION AUTHORIZED AS A MEDICAID  PROVIDER.
1.  DEFINITION.  FOR  PURPOSES  OF THIS SECTION, THE TERM "ORGANIZATION"
SHALL MEAN AN ORGANIZATION WHICH IS QUALIFIED AND AUTHORIZED TO  PROVIDE
SERVICES  UNDER  THE  PUBLIC  HEALTH LAW OR MENTAL HYGIENE LAW, AND SUCH
ORGANIZATION IS AUTHORIZED AS A MEDICAID PROVIDER.
  2. ABSTRACTION OR MISAPPLICATION OF MEDICAL ASSISTANCE MONEY, FUNDS OR
PROPERTY IN THE THIRD DEGREE. ANY OFFICER, DIRECTOR,  TRUSTEE,  EMPLOYEE
OR AGENT OF AN ORGANIZATION RECEIVING MEDICAL ASSISTANCE MONEY, FUNDS OR
PROPERTY  PURSUANT  TO  THIS TITLE, WHO ABSTRACTS OR WILFULLY MISAPPLIES
ANY OF SUCH MONEY, FUNDS OR PROPERTY IS GUILTY OF A CLASS E FELONY.
  3. ABSTRACTION OR MISAPPLICATION OF MEDICAL ASSISTANCE MONEY, FUNDS OR
PROPERTY IN THE SECOND DEGREE. ANY OFFICER, DIRECTOR, TRUSTEE,  EMPLOYEE
OR AGENT OF AN ORGANIZATION RECEIVING MEDICAL ASSISTANCE MONEY, FUNDS OR
PROPERTY  PURSUANT  TO  THIS TITLE, WHO ABSTRACTS OR WILFULLY MISAPPLIES
ANY OF SUCH MONEY, FUNDS OR PROPERTY IS GUILTY OF A CLASS D FELONY WHERE
THE AMOUNT OF THE MONEY, FUNDS OR PROPERTY  SO  ABSTRACTED  OR  WILFULLY
MISAPPLIED EXCEEDS THREE THOUSAND DOLLARS.
  4. ABSTRACTION OR MISAPPLICATION OF MEDICAL ASSISTANCE MONEY, FUNDS OR
PROPERTY  IN  THE FIRST DEGREE. ANY OFFICER, DIRECTOR, TRUSTEE, EMPLOYEE
OR AGENT OF AN ORGANIZATION RECEIVING MEDICAL ASSISTANCE MONEY, FUNDS OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11534-01-9

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