Bill Text: NY A03159 | 2021-2022 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A03159 Detail]

Download: New_York-2021-A03159-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3159

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2021
                                       ___________

        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Codes

        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:

     1    Section  1.  Section 176.00 of the penal law is amended by adding four
     2  new subdivisions 6, 7, 8 and 9 to read as follows:
     3    6. "Provider" means an attorney, a health care professional, an  owner
     4  or  operator  of  a  health  care  practice  or facility, any person who
     5  creates the impression that he or  she,  or  his  or  her  practice  can
     6  provide  legal or health care services, any person employed or acting on
     7  behalf of any  such  person,  or  any  person  providing  management  or
     8  consulting services to any such person.
     9    7.  "Public  media" means telephone directories, professional directo-
    10  ries, newspapers and other  periodicals,  radio  and  television,  bill-
    11  boards,  and mailed or electronically transmitted written communications
    12  that do not involve direct contact with a specific  prospective  client,
    13  patient, or customer.
    14    8.  "Runner"  means a person who, for a pecuniary benefit, procures or
    15  attempts to procure a client, patient or customer at the  direction  of,
    16  request of or in cooperation with a provider whose purpose is to seek to
    17  obtain  benefits under a contract of insurance or assert a claim against
    18  an insured or an insurance carrier for providing services to the client,
    19  patient or customer, or to obtain  benefits  under  or  assert  a  claim
    20  against  a state or federal health care benefits program or prescription
    21  drug assistance program.  "Runner" shall not include (a)  a  person  who
    22  procures  or  attempts  to  procure clients, patients or customers for a
    23  provider through public media; (b) a person who refers clients, patients
    24  or customers as otherwise authorized by law; or (c) a person who, as  an

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00795-01-1

        A. 3159                             2

     1  agent,  broker  or  employee  of  a  health  maintenance organization as
     2  defined in section forty-four hundred one  of  the  public  health  law,
     3  seeks  to sell health maintenance organization coverage or health insur-
     4  ance coverage to an individual or group.
     5    9.  "Pecuniary  benefit"  means  goods,  money,  property, services or
     6  anything of value, or an agreement to confer or receive any such  goods,
     7  money, property, services, or thing of value.
     8    §  2.  The  penal  law is amended by adding three new sections 176.85,
     9  176.90 and 176.95 to read as follows:
    10  § 176.85 Unlawful procurement of clients, patients or customers  in  the
    11               third degree.
    12    A  person  is  guilty  of unlawful procurement of clients, patients or
    13  customers in the third degree when he or she knowingly:
    14    1. acts as a runner on one or more occasions; or
    15    2. uses, solicits, directs, hires or employs another person to act  as
    16  a runner on one or more occasions.
    17    Unlawful  procurement  of  clients, patients or customers in the third
    18  degree is a class A misdemeanor.
    19  § 176.90 Unlawful procurement of clients, patients or customers  in  the
    20               second degree.
    21    A  person  is  guilty  of unlawful procurement of clients, patients or
    22  customers in the second degree when he or she knowingly:
    23    1. acts as a runner on one or more occasions for a  pecuniary  benefit
    24  that in the aggregate exceeds two thousand five hundred dollars in value
    25  or acts as a runner on five or more occasions; or
    26    2.  uses,  solicits,  directs, hires or employs one or more persons to
    27  act as a runner on one or more occasions for a pecuniary benefit that in
    28  the aggregate exceeds two thousand five  hundred  dollars  in  value  or
    29  uses,  solicits, directs, hires or employs one or more persons to act as
    30  a runner on five or more occasions.
    31    Unlawful procurement of clients, patients or customers in  the  second
    32  degree is a class E felony.
    33  §  176.95  Unlawful procurement of clients, patients or customers in the
    34               first degree.
    35    A person is guilty of unlawful procurement  of  clients,  patients  or
    36  customers in the first degree when he or she knowingly:
    37    1.  acts  as a runner on one or more occasions for a pecuniary benefit
    38  that in the aggregate exceeds five thousand dollars in value or acts  as
    39  a runner on ten or more occasions; or
    40    2.  uses,  solicits,  directs, hires or employs one or more persons to
    41  act as a runner on one or more occasions for a pecuniary benefit that in
    42  the aggregate exceeds five thousand dollars or uses, solicits,  directs,
    43  hires  or  employs one or more persons to act as a runner on ten or more
    44  occasions.
    45    Unlawful procurement of clients, patients or customers  in  the  first
    46  degree is a class D felony.
    47    §  3.  Paragraph  (a)  of subdivision 1 of section 460.10 of the penal
    48  law, as amended by chapter 134 of the laws of 2019, is amended  to  read
    49  as follows:
    50    (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
    51  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
    52  ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
    53  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
    54  135.25  relating  to  kidnapping; sections 135.35 and 135.37 relating to
    55  labor trafficking; section 135.65 relating to coercion; sections 140.20,
    56  140.25 and 140.30 relating to  burglary;  sections  145.05,  145.10  and

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     1  145.12 relating to criminal mischief; article one hundred fifty relating
     2  to  arson;  sections 155.30, 155.35, 155.40 and 155.42 relating to grand
     3  larceny; sections 177.10, 177.15, 177.20 and 177.25 relating  to  health
     4  care  fraud;  article  one  hundred  sixty relating to robbery; sections
     5  165.45, 165.50, 165.52 and 165.54 relating  to  criminal  possession  of
     6  stolen  property; sections 165.72 and 165.73 relating to trademark coun-
     7  terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65  and
     8  170.70  relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
     9  210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
    10  176.30 relating to insurance fraud; sections 170.90 and 170.95  relating
    11  to  unlawful  procurement  of  clients, patients and customers; sections
    12  178.20 and 178.25 relating to criminal diversion of prescription medica-
    13  tions  and  prescriptions;  sections  180.03,  180.08,  180.15,  180.25,
    14  180.40,  180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20,
    15  200.22, 200.25, 200.27, 200.56, 215.00, 215.05 and  215.19  relating  to
    16  bribery; sections 187.10, 187.15, 187.20 and 187.25 relating to residen-
    17  tial  mortgage  fraud,  sections  190.40 and 190.42 relating to criminal
    18  usury; section 190.65 relating to schemes to defraud; any felony defined
    19  in article four hundred ninety-six; sections 205.60 and 205.65  relating
    20  to  hindering  prosecution; sections 210.10, 210.15, and 215.51 relating
    21  to perjury and contempt; section 215.40 relating to tampering with phys-
    22  ical evidence; sections 220.06, 220.09, 220.16, 220.18, 220.21,  220.31,
    23  220.34,  220.39,  220.41,  220.43,  220.46,  220.55,  220.60, 220.65 and
    24  220.77 relating to controlled substances;  sections  225.10  and  225.20
    25  relating  to  gambling;  sections 230.25, 230.30, and 230.32 relating to
    26  promoting prostitution; section  230.34  relating  to  sex  trafficking;
    27  section  230.34-a  relating  to  sex  trafficking  of  a child; sections
    28  235.06, 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10
    29  and 263.15 relating to  promoting  a  sexual  performance  by  a  child;
    30  sections   265.02,  265.03,  265.04,  265.11,  265.12,  265.13  and  the
    31  provisions of section 265.10  which  constitute  a  felony  relating  to
    32  firearms  and other dangerous weapons; sections 265.14 and 265.16 relat-
    33  ing to criminal sale of a firearm; section 265.50 relating to the crimi-
    34  nal manufacture, sale or transport of an undetectable firearm, rifle  or
    35  shotgun; section 275.10, 275.20, 275.30, or 275.40 relating to unauthor-
    36  ized recordings; and sections 470.05, 470.10, 470.15 and 470.20 relating
    37  to money laundering; or
    38    §  4. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
    39  procedure law, as amended by chapter 134 of the laws of 2019, is amended
    40  to read as follows:
    41    (b) Any of the following felonies: assault in  the  second  degree  as
    42  defined  in section 120.05 of the penal law, assault in the first degree
    43  as defined in section 120.10 of the penal law, reckless endangerment  in
    44  the  first degree as defined in section 120.25 of the penal law, promot-
    45  ing a suicide attempt as defined in section 120.30  of  the  penal  law,
    46  strangulation  in  the second degree as defined in section 121.12 of the
    47  penal law, strangulation in the  first  degree  as  defined  in  section
    48  121.13  of  the  penal  law, criminally negligent homicide as defined in
    49  section 125.10 of the penal law, manslaughter in the  second  degree  as
    50  defined  in  section  125.15 of the penal law, manslaughter in the first
    51  degree as defined in section 125.20 of the  penal  law,  murder  in  the
    52  second  degree  as defined in section 125.25 of the penal law, murder in
    53  the first degree as defined in section 125.27 of the penal law, rape  in
    54  the  third degree as defined in section 130.25 of the penal law, rape in
    55  the second degree as defined in section 130.30 of the penal law, rape in
    56  the first degree as defined in section 130.35 of the penal law, criminal

        A. 3159                             4

     1  sexual act in the third degree as defined in section 130.40 of the penal
     2  law, criminal sexual act in the second  degree  as  defined  in  section
     3  130.45  of  the  penal  law,  criminal sexual act in the first degree as
     4  defined  in  section  130.50 of the penal law, sexual abuse in the first
     5  degree as defined in section 130.65 of the penal law, unlawful imprison-
     6  ment in the first degree as defined in section 135.10 of the penal  law,
     7  kidnapping  in  the  second  degree  as defined in section 135.20 of the
     8  penal law, kidnapping in the first degree as defined in  section  135.25
     9  of  the penal law, labor trafficking as defined in section 135.35 of the
    10  penal law, aggravated labor trafficking as defined in section 135.37  of
    11  the  penal law, custodial interference in the first degree as defined in
    12  section 135.50 of the penal law, coercion in the first degree as defined
    13  in section 135.65 of the penal  law,  criminal  trespass  in  the  first
    14  degree  as  defined  in section 140.17 of the penal law, burglary in the
    15  third degree as defined in section 140.20 of the penal law, burglary  in
    16  the  second  degree  as  defined  in  section  140.25  of the penal law,
    17  burglary in the first degree as defined in section 140.30 of  the  penal
    18  law,  criminal mischief in the third degree as defined in section 145.05
    19  of the penal law, criminal mischief in the second degree as  defined  in
    20  section  145.10  of the penal law, criminal mischief in the first degree
    21  as defined in section 145.12 of the penal law, criminal tampering in the
    22  first degree as defined in section 145.20 of the penal law, arson in the
    23  fourth degree as defined in section 150.05 of the penal  law,  arson  in
    24  the third degree as defined in section 150.10 of the penal law, arson in
    25  the  second  degree as defined in section 150.15 of the penal law, arson
    26  in the first degree as defined in section 150.20 of the penal law, grand
    27  larceny in the fourth degree as defined in section 155.30 of  the  penal
    28  law,  grand  larceny in the third degree as defined in section 155.35 of
    29  the penal law, grand larceny in the second degree as defined in  section
    30  155.40 of the penal law, grand larceny in the first degree as defined in
    31  section  155.42  of  the  penal  law,  unlawful  procurement of clients,
    32  patients or customers in the second degree as defined in section  176.90
    33  of the penal law, unlawful procurement of clients, patients or customers
    34  in  the  first  degree  as  defined  in section 176.95 of the penal law,
    35  health care fraud in the fourth degree as defined in section  177.10  of
    36  the  penal  law,  health  care  fraud  in the third degree as defined in
    37  section 177.15 of the penal law, health care fraud in the second  degree
    38  as  defined in section 177.20 of the penal law, health care fraud in the
    39  first degree as defined in section 177.25 of the penal law,  robbery  in
    40  the  third degree as defined in section 160.05 of the penal law, robbery
    41  in the second degree as defined in section  160.10  of  the  penal  law,
    42  robbery  in  the  first degree as defined in section 160.15 of the penal
    43  law, unlawful use of secret scientific material as  defined  in  section
    44  165.07  of  the penal law, criminal possession of stolen property in the
    45  fourth degree as defined in section 165.45 of the  penal  law,  criminal
    46  possession  of stolen property in the third degree as defined in section
    47  165.50 of the penal law, criminal possession of stolen property  in  the
    48  second  degree  as  defined by section 165.52 of the penal law, criminal
    49  possession of stolen property in the first degree as defined by  section
    50  165.54  of  the penal law, trademark counterfeiting in the second degree
    51  as defined in section 165.72 of the penal law, trademark  counterfeiting
    52  in  the  first  degree  as  defined  in section 165.73 of the penal law,
    53  forgery in the second degree as defined in section 170.10 of  the  penal
    54  law,  forgery  in  the  first degree as defined in section 170.15 of the
    55  penal law, criminal possession of a  forged  instrument  in  the  second
    56  degree  as  defined  in  section  170.25  of  the  penal  law,  criminal

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     1  possession of a forged instrument in the  first  degree  as  defined  in
     2  section  170.30 of the penal law, criminal possession of forgery devices
     3  as defined in section 170.40  of  the  penal  law,  falsifying  business
     4  records  in  the  first degree as defined in section 175.10 of the penal
     5  law, tampering with public records in the first  degree  as  defined  in
     6  section  175.25 of the penal law, offering a false instrument for filing
     7  in the first degree as defined in section 175.35 of the penal law, issu-
     8  ing a false certificate as defined in section 175.40 of the  penal  law,
     9  unlawful  procurement  of  clients,  patients or customers in the second
    10  degree as defined in section 176.90 of the penal law, unlawful  procure-
    11  ment of clients, patients or customers in the first degree as defined in
    12  section  176.95  of  the  penal  law, criminal diversion of prescription
    13  medications and prescriptions in the second degree as defined in section
    14  178.20 of the penal law, criminal diversion of prescription  medications
    15  and  prescriptions  in  the first degree as defined in section 178.25 of
    16  the penal law, residential  mortgage  fraud  in  the  fourth  degree  as
    17  defined  in  section 187.10 of the penal law, residential mortgage fraud
    18  in the third degree as defined in section 187.15 of the penal law, resi-
    19  dential mortgage fraud in the second degree as defined in section 187.20
    20  of the penal law, residential mortgage fraud  in  the  first  degree  as
    21  defined  in section 187.25 of the penal law, escape in the second degree
    22  as defined in section 205.10 of the  penal  law,  escape  in  the  first
    23  degree  as  defined  in section 205.15 of the penal law, absconding from
    24  temporary release in the first degree as defined in  section  205.17  of
    25  the  penal  law,  promoting  prison  contraband  in  the first degree as
    26  defined in section 205.25 of the penal law, hindering prosecution in the
    27  second degree as defined in section 205.60 of the penal  law,  hindering
    28  prosecution  in  the  first  degree  as defined in section 205.65 of the
    29  penal law, sex trafficking as defined in section  230.34  of  the  penal
    30  law,  sex  trafficking  of a child as defined in section 230.34-a of the
    31  penal law, criminal possession of  a  weapon  in  the  third  degree  as
    32  defined  in  subdivisions  two,  three and five of section 265.02 of the
    33  penal law, criminal possession of a  weapon  in  the  second  degree  as
    34  defined  in  section  265.03  of the penal law, criminal possession of a
    35  weapon in the first degree as defined in section  265.04  of  the  penal
    36  law,  manufacture,  transport, disposition and defacement of weapons and
    37  dangerous instruments and appliances defined as felonies in subdivisions
    38  one, two, and three of section 265.10 of the penal law, sections 265.11,
    39  265.12 and 265.13 of the penal law, or  prohibited  use  of  weapons  as
    40  defined  in subdivision two of section 265.35 of the penal law, relating
    41  to firearms and other dangerous weapons, criminal manufacture,  sale  or
    42  transport  of  an  undetectable  firearm, rifle or shotgun as defined in
    43  section 265.50 of the penal law, or failure to disclose the origin of  a
    44  recording  in the first degree as defined in section 275.40 of the penal
    45  law;
    46    § 5. This act shall take effect on the first of November next succeed-
    47  ing the date upon which it shall have become a law.
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