senate Bill S7552

2013-2014 Legislative Session

Relates to penalties for false representation and fraudulent practices; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 15, 2014 referred to local government

S7552 - Details

Law Section:
Volunteer Ambulance Workers' Benefit Law
Laws Affected:
Rpld & add §55, Vol Amb Work Ben L; rpld & add §55, Vol Ffs Ben L

S7552 - Summary

Relates to penalties for false representation and fraudulent practices; makes such provisions the same as those applicable to workers' compensation provisions.

S7552 - Sponsor Memo

S7552 - Bill Text download pdf

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

                                  7552

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the volunteer ambulance workers'  benefit  law  and  the
  volunteer  firefighters'  benefit  law,  in  relation to penalties for
  false representation and to repeal certain  provisions  of  such  laws
  relating thereto

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

  Section 1. Section 55 of the volunteer ambulance workers' benefit  law
is REPEALED and a new section 55 is added to read as follows:
  S  55.  FRAUDULENT  PRACTICES.  1.  ANY PERSON WHO, KNOWINGLY AND WITH
INTENT TO DEFRAUD PRESENTS, CAUSES TO BE  PRESENTED,  OR  PREPARES  WITH
KNOWLEDGE  OR  BELIEF  THAT  IT WILL BE PRESENTED TO OR BY AN INSURER OR
PURPORTED INSURER, OR ANY AGENT THEREOF, ANY WRITTEN STATEMENT  AS  PART
OF,  OR  IN SUPPORT OF, AN APPLICATION FOR THE ISSUANCE OF OR THE RATING
OF AN INSURANCE POLICY  FOR  COMPENSATION  INSURANCE,  OR  A  CLAIM  FOR
PAYMENT  OR  OTHER BENEFIT PURSUANT TO A COMPENSATION POLICY WHICH HE OR
SHE KNOWS TO: (I) CONTAIN A FALSE STATEMENT OR REPRESENTATION CONCERNING
ANY FACT MATERIAL THERETO; OR (II)  OMITS  ANY  FACT  MATERIAL  THERETO,
SHALL BE GUILTY OF A CLASS E FELONY. UPON CONVICTION, THE COURT IN ADDI-
TION  TO  ANY  OTHER  AUTHORIZED  SENTENCE,  MAY ORDER FORFEITURE OF ALL
RIGHTS TO COMPENSATION OR PAYMENTS OF ANY BENEFIT, AND MAY ALSO  REQUIRE
RESTITUTION  OF  ANY  AMOUNT RECEIVED AS A RESULT OF A VIOLATION OF THIS
SUBDIVISION.
  2. AN EMPLOYER OR CARRIER, OR ANY EMPLOYEE, AGENT, OR PERSON ACTING ON
BEHALF OF AN EMPLOYER OR CARRIER, WHO KNOWINGLY MAKES A FALSE  STATEMENT
OR  REPRESENTATION  AS  TO  A  MATERIAL FACT IN THE COURSE OF REPORTING,
INVESTIGATION OF, OR ADJUSTING A CLAIM FOR ANY BENEFIT OR PAYMENT  UNDER
THE  WORKERS'  COMPENSATION LAW FOR THE PURPOSE OF AVOIDING PROVISION OF
SUCH PAYMENT OR BENEFIT SHALL BE GUILTY OF A CLASS E FELONY.
  3. A PERSON WHO KNOWINGLY MAKES A FALSE STATEMENT OR REPRESENTATION AS
TO A MATERIAL FACT FOR THE PURPOSE OF OBTAINING, MAINTAINING OR RENEWING
INSURANCE UNDER THIS CHAPTER, WHETHER FOR HIMSELF OR HERSELF OR FOR  ANY
OTHER PERSON OR ENTITY OR FOR THE PURPOSE OF EVADING THE REQUIREMENTS OF

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

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