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

                                  4413

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by M. of A. TOWNS -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to health care fraud

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

  Section 1. Section 177.10 of the penal law, as added by chapter 442 of
the laws of 2006, is amended to read as follows:
S 177.10 Health care fraud in the fourth degree.
  A person is guilty of health care fraud in the fourth degree when such
person, on one or more occasions, commits the crime of health care fraud
in the fifth degree and the payment or portion of the payment wrongfully
received,  as the case may be, from a single health plan, in a period of
not more than one year, exceeds [three]  ONE  thousand  dollars  in  the
aggregate.
  Health care fraud in the fourth degree is a class E felony.
  S  2.  Section 177.15 of the penal law, as added by chapter 442 of the
laws of 2006, is amended to read as follows:
S 177.15 Health care fraud in the third degree.
  A person is guilty of health care fraud in the third degree when  such
person, on one or more occasions, commits the crime of health care fraud
in the fifth degree and the payment or portion of the payment wrongfully
received,  as the case may be, from a single health plan, in a period of
not more than one year, exceeds  [ten]  FIVE  thousand  dollars  in  the
aggregate.
  Health care fraud in the third degree is a class D felony.
  S  3.  Section 177.20 of the penal law, as added by chapter 442 of the
laws of 2006, is amended to read as follows:
S 177.20 Health care fraud in the second degree.
  A person is guilty of health care fraud in the second degree when such
person, on one or more occasions, commits the crime of health care fraud
in the fifth degree and the payment or portion of the payment wrongfully

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02003-01-9
              

A. 4413                             2

received, as the case may be, from a single health plan, in a period  of
not  more than one year, exceeds [fifty] TWENTY-FIVE thousand dollars in
the aggregate.
  Health care fraud in the second degree is a class C felony.
  S  4.  Section 177.25 of the penal law, as added by chapter 442 of the
laws of 2006, is amended to read as follows:
S 177.25 Health care fraud in the first degree.
  A person is guilty of health care fraud in the first degree when  such
person, on one or more occasions, commits the crime of health care fraud
in the fifth degree and the payment or portion of the payment wrongfully
received,  as the case may be, from a single health plan, in a period of
not more than one year, exceeds  [one  million]  FIVE  HUNDRED  THOUSAND
dollars in the aggregate.
  Health care fraud in the first degree is a class B felony.
  S 5. This act shall take effect immediately.