senate Bill S2004

2011-2012 Legislative Session

Establishes the crime of unlawful procurement of clients, patients or customers

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 22, 2012 referred to codes
delivered to assembly
passed senate
Mar 21, 2012 ordered to third reading cal.440
Mar 20, 2012 reported and committed to rules
Mar 19, 2012 amend by restoring to original print 2004
Jan 14, 2011 referred to codes
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Jun 16, 2011 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1299
committee discharged and committed to rules
Jun 13, 2011 print number 2004a
amend (t) and recommit to codes

Votes

view votes

Mar 21, 2012 - Rules committee Vote

S2004
23
1
committee
23
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Mar 20, 2012 - Codes committee Vote

S2004
13
2
committee
13
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Mar 20, 2012

nay (2)
aye wr (1)

Jun 16, 2011 - Rules committee Vote

S2004A
19
2
committee
19
Aye
2
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original (Active)
A
Original (Active)
A

S2004 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§176.00 & 460.10, add §§176.75, 176.80 & 176.85, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S1335

S2004 - Summary

Establishes the crime 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.

S2004 - Sponsor Memo

S2004 - Bill Text download pdf

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

                                  2004

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

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.
                                                           LBD06170-01-1

Co-Sponsors

S2004A - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§176.00 & 460.10, add §§176.75, 176.80 & 176.85, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S1335

S2004A - Summary

Establishes the crime 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.

S2004A - Sponsor Memo

S2004A - Bill Text download pdf

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

                                 2004--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sens.  SKELOS,  SEWARD, GOLDEN -- read twice and ordered
  printed, and when printed to be committed 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, in relation to establishing the crime 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 A HEALTH CARE PROFESSIONAL, AN OWNER  OR  OPERATOR
OF A HEALTH CARE PRACTICE OR FACILITY OR AN ATTORNEY.
  7.  "PUBLIC  MEDIA" MEANS ANY OF THE FOLLOWING MEANS OF COMMUNICATION,
PROVIDED THAT THE USE OF SUCH COMMUNICATION DOES NOT  INVOLVE  IN-PERSON
CONTACT  WITH A SPECIFIC PROSPECTIVE CLIENT, PATIENT OR CUSTOMER FOR THE
PURPOSE OF  RETENTION,  TREATMENT  OR  REPRESENTATION  IN  A  PARTICULAR
MATTER:  TELEPHONE DIRECTORIES, PROFESSIONAL DIRECTORIES, NEWSPAPERS AND
OTHER PERIODICALS, RADIO AND TELEVISION, BILLBOARDS, BROCHURES, BUSINESS
CARDS, NEWSLETTERS, ANNOUNCEMENTS, PROMOTIONAL ITEMS BRANDING MATERIALS,
ADVERTISEMENTS, WEBSITES AND MAILED OR ELECTRONICALLY TRANSMITTED  WRIT-
TEN COMMUNICATIONS, ADVERTISEMENTS AND BRANDINGS.
  8.  "RUNNER"  MEANS  A  PERSON, NOT A PROVIDER, WHO WITH THE INTENT TO
OBTAIN A MATERIAL PECUNIARY BENEFIT, PROCURES OR ATTEMPTS TO  PROCURE  A
CLIENT,  PATIENT OR CUSTOMER AT THE DIRECTION OF, REQUEST OF, IN COOPER-
ATION WITH, WHILE EMPLOYED BY, OR WITH INTENT TO SOLICIT A FEE  FROM,  A
PROVIDER OR FROM ANY PERSON WHO CREATES THE IMPRESSION THAT HE OR SHE OR
HIS OR HER PRACTICE CAN PROVIDE LEGAL OR HEALTH CARE SERVICES. SUCH TERM
SHALL  NOT INCLUDE A PERSON WHO PROCURES OR ATTEMPTS TO PROCURE CLIENTS,
PATIENTS OR CUSTOMERS FOR A PROVIDER THROUGH PUBLIC MEDIA OR WHO  REFERS
CLIENTS,  PATIENTS  OR CUSTOMERS AS AUTHORIZED OR PERMITTED BY LAW OR IN
ACCORDANCE WITH EXISTING PROFESSIONAL CODES  OF  CONDUCT  GOVERNING  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06170-13-1

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