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. LBD00795-01-1A. 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 andA. 3159 3 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, criminalA. 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, criminalA. 3159 5 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.
