Bill Text: NY A04205 | 2019-2020 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A04205 Detail]

Download: New_York-2019-A04205-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4205
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2019
                                       ___________
        Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. GOODELL,
          MALLIOTAKIS -- read once and referred to the Committee on Codes
        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:
     1    Section  1. Section 176.00 of the penal law is amended by adding three
     2  new subdivisions 6, 7 and 8 to read as follows:
     3    6. "Provider" means a health care professional, an owner  or  operator
     4  of a health care practice or facility or an attorney.
     5    7.  "Public  media" means any of the following means of communication,
     6  provided that the use of such communication does not  involve  in-person
     7  contact  with a specific prospective client, patient or customer for the
     8  purpose of  retention,  treatment  or  representation  in  a  particular
     9  matter:  telephone directories, professional directories, newspapers and
    10  other periodicals, radio and television, billboards, brochures, business
    11  cards, newsletters, announcements, promotional items branding materials,
    12  advertisements, websites and mailed or electronically transmitted  writ-
    13  ten communications, advertisements and brandings.
    14    8.  "Runner"  means  a  person, not a provider, who with the intent to
    15  obtain a material pecuniary benefit, procures or attempts to  procure  a
    16  client,  patient or customer at the direction of, request of, in cooper-
    17  ation with, while employed by, or with intent to solicit a fee  from,  a
    18  provider or from any person who creates the impression that he or she or
    19  his or her practice can provide legal or health care services. Such term
    20  shall  not include a person who procures or attempts to procure clients,
    21  patients or customers for a provider through public media or who  refers
    22  clients,  patients  or customers as authorized or permitted by law or in
    23  accordance with existing professional codes  of  conduct  governing  the
    24  professional  practice  of a provider.  Nothing in this article shall be
    25  deemed to prohibit an agent, broker or employee of a health  maintenance
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08395-01-9

        A. 4205                             2
     1  organization from seeking to sell health maintenance organization cover-
     2  age or health insurance coverage to an individual or group.
     3    §  2.  The  penal  law is amended by adding three new sections 176.75,
     4  176.80 and 176.85 to read as follows:
     5  § 176.75 Unlawful procurement of clients, patients or customers  in  the
     6             third degree.
     7    A  person  is  guilty  of unlawful procurement of clients, patients or
     8  customers in the third degree when he or she knowingly:
     9    1. Acts as a runner on more than one occasion during any  twelve-month
    10  period; or
    11    2.  As  a provider, in violation of law or existing professional codes
    12  of conduct governing the professional practice of  the  provider,  uses,
    13  solicits, directs, hires or employs another person to act as a runner on
    14  more than one occasion over any twelve-month period and provides a mate-
    15  rial pecuniary benefit.
    16    Unlawful  procurement  of  clients, patients or customers in the third
    17  degree is a class A misdemeanor.
    18  § 176.80 Unlawful procurement of clients, patients or customers  in  the
    19             second degree.
    20    1.  A person is guilty of unlawful procurement of clients, patients or
    21  customers in the second degree when he or she knowingly acts as a runner
    22  on five or more occasions over any twelve-month period, or for a pecuni-
    23  ary benefit that in the  aggregate  exceeds  five  thousand  dollars  in
    24  value; or
    25    2.  As  a provider, in violation of law or existing professional codes
    26  of conduct governing the professional practice of the provider, knowing-
    27  ly uses, solicits, directs, hires or employs one or more persons to  act
    28  as  a  runner on five or more occasions over any twelve-month period, or
    29  provides a pecuniary benefit to the runner that in the aggregate exceeds
    30  five thousand dollars in value.
    31    Unlawful procurement of clients, patients or customers in  the  second
    32  degree is a class E felony.
    33  § 176.85 Unlawful  procurement  of clients, patients or customers in the
    34             first degree.
    35    1. A person is guilty of unlawful procurement of clients, patients  or
    36  customers  in the first degree when he or she knowingly acts as a runner
    37  on ten or more occasions over any twelve-month period, or for a  pecuni-
    38  ary  benefit  that  in  the aggregate exceeds twenty thousand dollars in
    39  value; or
    40    2. As a provider, in violation of law or existing  professional  codes
    41  of conduct governing the professional practice of the provider, knowing-
    42  ly  uses, solicits, directs, hires or employs one or more persons to act
    43  as a runner on ten or more occasions over any  twelve-month  period,  or
    44  provides a pecuniary benefit to the runner that in the aggregate exceeds
    45  twenty thousand dollars in value.
    46    Unlawful  procurement  of  clients, patients or customers in the first
    47  degree is a class D felony.
    48    § 3. Paragraph (a) of subdivision 1 of section  460.10  of  the  penal
    49  law,  as  amended by chapter 189 of the laws of 2018, is amended to read
    50  as follows:
    51    (a) Any of the felonies set forth in this  chapter:  sections  120.05,
    52  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
    53  ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
    54  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
    55  135.25 relating to kidnapping; sections 135.35 and  135.37  relating  to
    56  labor trafficking; section 135.65 relating to coercion; sections 140.20,

        A. 4205                             3
     1  140.25  and  140.30  relating  to  burglary; sections 145.05, 145.10 and
     2  145.12 relating to criminal mischief; article one hundred fifty relating
     3  to arson; sections 155.30, 155.35, 155.40 and 155.42 relating  to  grand
     4  larceny;  sections  177.10, 177.15, 177.20 and 177.25 relating to health
     5  care fraud; article one hundred  sixty  relating  to  robbery;  sections
     6  165.45,  165.50,  165.52  and  165.54 relating to criminal possession of
     7  stolen property; sections 165.72 and 165.73 relating to trademark  coun-
     8  terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
     9  170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40  and
    10  210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
    11  176.30  relating to insurance fraud; sections 176.80 and 176.85 relating
    12  to unlawful procurement of  clients,  patients  or  customers;  sections
    13  178.20 and 178.25 relating to criminal diversion of prescription medica-
    14  tions  and  prescriptions;  sections  180.03,  180.08,  180.15,  180.25,
    15  180.40, 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12,  200.20,
    16  200.22,  200.25,  200.27,  200.56,  215.00,  215.05 and 215.19; sections
    17  187.10, 187.15, 187.20  and  187.25  relating  to  residential  mortgage
    18  fraud,  sections  190.40  and 190.42 relating to criminal usury; section
    19  190.65 relating to schemes to defraud; any  felony  defined  in  article
    20  four  hundred ninety-six; sections 205.60 and 205.65 relating to hinder-
    21  ing prosecution; sections 210.10, 210.15, and 215.51 relating to perjury
    22  and  contempt;  section  215.40  relating  to  tampering  with  physical
    23  evidence;  sections  220.06,  220.09,  220.16,  220.18,  220.21, 220.31,
    24  220.34, 220.39, 220.41,  220.43,  220.46,  220.55,  220.60,  220.65  and
    25  220.77  relating  to  controlled  substances; sections 225.10 and 225.20
    26  relating to gambling; sections 230.25, 230.30, and  230.32  relating  to
    27  promoting  prostitution;  section  230.34  relating  to sex trafficking;
    28  section 230.34-a relating  to  sex  trafficking  of  a  child;  sections
    29  235.06, 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10
    30  and  263.15  relating  to  promoting  a  sexual  performance by a child;
    31  sections  265.02,  265.03,  265.04,  265.11,  265.12,  265.13  and   the
    32  provisions  of  section  265.10  which  constitute  a felony relating to
    33  firearms and other dangerous weapons; sections 265.14 and 265.16  relat-
    34  ing  to  criminal  sale of a firearm; section 275.10, 275.20, 275.30, or
    35  275.40 relating to unauthorized recordings; and sections 470.05, 470.10,
    36  470.15 and 470.20 relating to money laundering; or
    37    § 4. This act shall take effect on the first of November next succeed-
    38  ing the date on which it shall have become a law.
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