Bill Text: NY S00424 | 2017-2018 | General Assembly | Introduced
Bill Title: Criminalizes acting as a runner or soliciting or employing a runner to procure patients or clients.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-06-20 - COMMITTED TO RULES [S00424 Detail]
Download: New_York-2017-S00424-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 424 2017-2018 Regular Sessions IN SENATE (Prefiled) January 4, 2017 ___________ Introduced by Sen. SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04556-01-7S. 424 2 1 or customers as otherwise authorized by law; or (c) a person who, as an 2 agent, broker or employee of a health maintenance organization as 3 defined in section forty-four hundred one of the public health law, 4 seeks to sell health maintenance organization coverage or health insur- 5 ance coverage to an individual or group. 6 9. "Pecuniary benefit" means goods, money, property, services or 7 anything of value, or an agreement to confer or receive any such goods, 8 money, property, services, or thing of value. 9 § 2. The penal law is amended by adding three new sections 176.75, 10 176.80 and 176.85 to read as follows: 11 § 176.75 Unlawful procurement of clients, patients or customers in the 12 third degree. 13 A person is guilty of unlawful procurement of clients, patients or 14 customers in the third degree when he or she knowingly: 15 1. acts as a runner on one or more occasions; or 16 2. uses, solicits, directs, hires or employs another person to act as 17 a runner on one or more occasions. 18 Unlawful procurement of clients, patients or customers in the third 19 degree is a class A misdemeanor. 20 § 176.80 Unlawful procurement of clients, patients or customers in the 21 second degree. 22 A person is guilty of unlawful procurement of clients, patients or 23 customers in the second degree when he or she knowingly: 24 1. acts as a runner on one or more occasions for a pecuniary benefit 25 that in the aggregate exceeds two thousand five hundred dollars in value 26 or acts as a runner on five or more occasions; or 27 2. uses, solicits, directs, hires or employs one or more persons to 28 act as a runner on one or more occasions for a pecuniary benefit that in 29 the aggregate exceeds two thousand five hundred dollars in value or 30 uses, solicits, directs, hires or employs one or more persons to act as 31 a runner on five or more occasions. 32 Unlawful procurement of clients, patients or customers in the second 33 degree is a class E felony. 34 § 176.85 Unlawful procurement of clients, patients or customers in the 35 first degree. 36 A person is guilty of unlawful procurement of clients, patients or 37 customers in the first degree when he or she knowingly: 38 1. acts as a runner on one or more occasions for a pecuniary benefit 39 that in the aggregate exceeds five thousand dollars in value or acts as 40 a runner on ten or more occasions; or 41 2. uses, solicits, directs, hires or employs one or more persons to 42 act as a runner on one or more occasions for a pecuniary benefit that in 43 the aggregate exceeds five thousand dollars or uses, solicits, directs, 44 hires or employs one or more persons to act as a runner on ten or more 45 occasions. 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 368 of the laws of 2015, 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,S. 424 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 and 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 sections 235.06, 235.07, 235.21 and 235.22 relating to obscenity; 29 sections 263.10 and 263.15 relating to promoting a sexual performance by 30 a child; 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 275.10, 275.20, 275.30, or 34 275.40 relating to unauthorized recordings; and sections 470.05, 470.10, 35 470.15 and 470.20 relating to money laundering; or 36 § 4. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 37 procedure law, as amended by chapter 368 of the laws of 2015, is amended 38 to read as follows: 39 (b) Any of the following felonies: assault in the second degree as 40 defined in section 120.05 of the penal law, assault in the first degree 41 as defined in section 120.10 of the penal law, reckless endangerment in 42 the first degree as defined in section 120.25 of the penal law, promot- 43 ing a suicide attempt as defined in section 120.30 of the penal law, 44 strangulation in the second degree as defined in section 121.12 of the 45 penal law, strangulation in the first degree as defined in section 46 121.13 of the penal law, criminally negligent homicide as defined in 47 section 125.10 of the penal law, manslaughter in the second degree as 48 defined in section 125.15 of the penal law, manslaughter in the first 49 degree as defined in section 125.20 of the penal law, murder in the 50 second degree as defined in section 125.25 of the penal law, murder in 51 the first degree as defined in section 125.27 of the penal law, abortion 52 in the second degree as defined in section 125.40 of the penal law, 53 abortion in the first degree as defined in section 125.45 of the penal 54 law, rape in the third degree as defined in section 130.25 of the penal 55 law, rape in the second degree as defined in section 130.30 of the penal 56 law, rape in the first degree as defined in section 130.35 of the penalS. 424 4 1 law, criminal sexual act in the third degree as defined in section 2 130.40 of the penal law, criminal sexual act in the second degree as 3 defined in section 130.45 of the penal law, criminal sexual act in the 4 first degree as defined in section 130.50 of the penal law, sexual abuse 5 in the first degree as defined in section 130.65 of the penal law, 6 unlawful imprisonment in the first degree as defined in section 135.10 7 of the penal law, kidnapping in the second degree as defined in section 8 135.20 of the penal law, kidnapping in the first degree as defined in 9 section 135.25 of the penal law, labor trafficking as defined in section 10 135.35 of the penal law, aggravated labor trafficking as defined in 11 section 135.37 of the penal law, custodial interference in the first 12 degree as defined in section 135.50 of the penal law, coercion in the 13 first degree as defined in section 135.65 of the penal law, criminal 14 trespass in the first degree as defined in section 140.17 of the penal 15 law, burglary in the third degree as defined in section 140.20 of the 16 penal law, burglary in the second degree as defined in section 140.25 of 17 the penal law, burglary in the first degree as defined in section 140.30 18 of the penal law, criminal mischief in the third degree as defined in 19 section 145.05 of the penal law, criminal mischief in the second degree 20 as defined in section 145.10 of the penal law, criminal mischief in the 21 first degree as defined in section 145.12 of the penal law, criminal 22 tampering in the first degree as defined in section 145.20 of the penal 23 law, arson in the fourth degree as defined in section 150.05 of the 24 penal law, arson in the third degree as defined in section 150.10 of the 25 penal law, arson in the second degree as defined in section 150.15 of 26 the penal law, arson in the first degree as defined in section 150.20 of 27 the penal law, grand larceny in the fourth degree as defined in section 28 155.30 of the penal law, grand larceny in the third degree as defined in 29 section 155.35 of the penal law, grand larceny in the second degree as 30 defined in section 155.40 of the penal law, grand larceny in the first 31 degree as defined in section 155.42 of the penal law, health care fraud 32 in the fourth degree as defined in section 177.10 of the penal law, 33 health care fraud in the third degree as defined in section 177.15 of 34 the penal law, health care fraud in the second degree as defined in 35 section 177.20 of the penal law, health care fraud in the first degree 36 as defined in section 177.25 of the penal law, robbery in the third 37 degree as defined in section 160.05 of the penal law, robbery in the 38 second degree as defined in section 160.10 of the penal law, robbery in 39 the first degree as defined in section 160.15 of the penal law, unlawful 40 use of secret scientific material as defined in section 165.07 of the 41 penal law, criminal possession of stolen property in the fourth degree 42 as defined in section 165.45 of the penal law, criminal possession of 43 stolen property in the third degree as defined in section 165.50 of the 44 penal law, criminal possession of stolen property in the second degree 45 as defined by section 165.52 of the penal law, criminal possession of 46 stolen property in the first degree as defined by section 165.54 of the 47 penal law, trademark counterfeiting in the second degree as defined in 48 section 165.72 of the penal law, trademark counterfeiting in the first 49 degree as defined in section 165.73 of the penal law, forgery in the 50 second degree as defined in section 170.10 of the penal law, forgery in 51 the first degree as defined in section 170.15 of the penal law, criminal 52 possession of a forged instrument in the second degree as defined in 53 section 170.25 of the penal law, criminal possession of a forged instru- 54 ment in the first degree as defined in section 170.30 of the penal law, 55 criminal possession of forgery devices as defined in section 170.40 of 56 the penal law, falsifying business records in the first degree asS. 424 5 1 defined in section 175.10 of the penal law, tampering with public 2 records in the first degree as defined in section 175.25 of the penal 3 law, offering a false instrument for filing in the first degree as 4 defined in section 175.35 of the penal law, issuing a false certificate 5 as defined in section 175.40 of the penal law, unlawful procurement of 6 clients, patients or customers in the second degree as defined in 7 section 176.80 of the penal law, unlawful procurement of clients, 8 patients or customers in the first degree as defined in section 176.85 9 of the penal law, criminal diversion of prescription medications and 10 prescriptions in the second degree as defined in section 178.20 of the 11 penal law, criminal diversion of prescription medications and 12 prescriptions in the first degree as defined in section 178.25 of the 13 penal law, residential mortgage fraud in the fourth degree as defined in 14 section 187.10 of the penal law, residential mortgage fraud in the third 15 degree as defined in section 187.15 of the penal law, residential mort- 16 gage fraud in the second degree as defined in section 187.20 of the 17 penal law, residential mortgage fraud in the first degree as defined in 18 section 187.25 of the penal law, escape in the second degree as defined 19 in section 205.10 of the penal law, escape in the first degree as 20 defined in section 205.15 of the penal law, absconding from temporary 21 release in the first degree as defined in section 205.17 of the penal 22 law, promoting prison contraband in the first degree as defined in 23 section 205.25 of the penal law, hindering prosecution in the second 24 degree as defined in section 205.60 of the penal law, hindering prose- 25 cution in the first degree as defined in section 205.65 of the penal 26 law, sex trafficking as defined in section 230.34 of the penal law, 27 criminal possession of a weapon in the third degree as defined in subdi- 28 visions two, three and five of section 265.02 of the penal law, criminal 29 possession of a weapon in the second degree as defined in section 265.03 30 of the penal law, criminal possession of a weapon in the first degree as 31 defined in section 265.04 of the penal law, manufacture, transport, 32 disposition and defacement of weapons and dangerous instruments and 33 appliances defined as felonies in subdivisions one, two, and three of 34 section 265.10 of the penal law, sections 265.11, 265.12 and 265.13 of 35 the penal law, or prohibited use of weapons as defined in subdivision 36 two of section 265.35 of the penal law, relating to firearms and other 37 dangerous weapons, or failure to disclose the origin of a recording in 38 the first degree as defined in section 275.40 of the penal law; 39 § 5. This act shall take effect on the first of November next succeed- 40 ing the date upon which it shall have become a law.
