assembly Bill A9768A

2011-2012 Legislative Session

Criminalizes acting as a runner or soliciting or employing a runner to procure patients or clients

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 01, 2012 print number 9768a
Jun 01, 2012 amend (t) and recommit to codes
Apr 02, 2012 referred to codes

Multi-Sponsors

A9768 - Details

See Senate Version of this Bill:
S7451
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§176.00 & 460.10, add §§176.75, 176.80 & 176.85, Pen L; amd §700.05 CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A4597, S3033
2015-2016: A862, S2131, S7051
2017-2018: A1901, S424
2019-2020: A4599

A9768 - Summary

Criminalizes acting as a runner or soliciting or employing a runner to procure patients or clients.

A9768 - Bill Text download pdf

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

                                  9768

                          I N  A S S E M B L Y

                              April 2, 2012
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee 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
ORGANIZATION COVERAGE OR HEALTH INSURANCE COVERAGE TO AN  INDIVIDUAL  OR
GROUP.
  S  2.  The penal law is amended by adding a new section 176.75 to read
as follows:

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

Co-Sponsors

Multi-Sponsors

A9768A (ACTIVE) - Details

See Senate Version of this Bill:
S7451
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§176.00 & 460.10, add §§176.75, 176.80 & 176.85, Pen L; amd §700.05 CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A4597, S3033
2015-2016: A862, S2131, S7051
2017-2018: A1901, S424
2019-2020: A4599

A9768A (ACTIVE) - Summary

Criminalizes acting as a runner or soliciting or employing a runner to procure patients or clients.

A9768A (ACTIVE) - Bill Text download pdf

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

                                 9768--A

                          I N  A S S E M B L Y

                              April 2, 2012
                               ___________

Introduced by M. of A. PRETLOW -- Multi-Sponsored by -- M. of A. ABINAN-
  TI,  RAIA  --  read  once  and  referred  to the Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
  relation to criminalizing acting as a runner or soliciting or  employ-
  ing a runner to procure patients or clients

  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  four
new subdivisions 6, 7, 8 and 9 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, ANY PERSON EMPLOYED OR ACTING  ON
BEHALF  OF  ANY  SUCH  PERSON,  OR  ANY  PERSON  PROVIDING MANAGEMENT OR
CONSULTING SERVICES TO 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 DIRECT 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 WHOSE PURPOSE IS TO SEEK TO
OBTAIN BENEFITS UNDER A CONTRACT OF INSURANCE OR ASSERT A CLAIM  AGAINST
AN INSURED OR AN INSURANCE CARRIER FOR PROVIDING SERVICES TO THE CLIENT,
PATIENT  OR  CUSTOMER,  OR  TO  OBTAIN  BENEFITS UNDER OR ASSERT A CLAIM
AGAINST A STATE OR FEDERAL HEALTH CARE BENEFITS PROGRAM OR  PRESCRIPTION
DRUG  ASSISTANCE  PROGRAM.   "RUNNER" SHALL NOT INCLUDE (A) A PERSON WHO
PROCURES OR ATTEMPTS TO PROCURE CLIENTS, PATIENTS  OR  CUSTOMERS  FOR  A
PROVIDER THROUGH PUBLIC MEDIA; (B) A PERSON WHO REFERS CLIENTS, PATIENTS
OR  CUSTOMERS AS OTHERWISE AUTHORIZED BY LAW; OR (C) A PERSON WHO, AS AN
AGENT, BROKER OR  EMPLOYEE  OF  A  HEALTH  MAINTENANCE  ORGANIZATION  AS

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

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