Assembly Bill A8443

2011-2012 Legislative Session

Establishes the class E felony of unlawful procurement of clients, patients or customers

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A8443 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§176.00 & 460.10, add §§176.75, 176.80 & 176.85, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A799
2015-2016: A2941
2017-2018: A5429
2019-2020: A4205
2021-2022: A9208
2023-2024: A855

2011-A8443 (ACTIVE) - Summary

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.

2011-A8443 (ACTIVE) - Bill Text download pdf 

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

                                  8443

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 15, 2011
                               ___________

Introduced  by  M. of A. WEPRIN, MURRAY -- 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:

  Section 1. Section 176.00 of the penal law is amended by adding  three
new subdivisions 6, 7 and 8 to read as follows:
  6.  "PROVIDER"  MEANS A HEALTH CARE PROFESSIONAL, AN OWNER OR OPERATOR
OF A HEALTH CARE PRACTICE OR FACILITY OR AN ATTORNEY.
  7. "PUBLIC MEDIA" MEANS ANY OF THE FOLLOWING MEANS  OF  COMMUNICATION,
PROVIDED  THAT  THE USE OF SUCH COMMUNICATION DOES NOT INVOLVE IN-PERSON
CONTACT WITH A SPECIFIC PROSPECTIVE CLIENT, PATIENT OR CUSTOMER FOR  THE
PURPOSE  OF  RETENTION,  TREATMENT  OR  REPRESENTATION  IN  A PARTICULAR
MATTER: TELEPHONE DIRECTORIES, PROFESSIONAL DIRECTORIES, NEWSPAPERS  AND
OTHER PERIODICALS, RADIO AND TELEVISION, BILLBOARDS, BROCHURES, BUSINESS
CARDS, NEWSLETTERS, ANNOUNCEMENTS, PROMOTIONAL ITEMS BRANDING MATERIALS,
ADVERTISEMENTS,  WEBSITES AND MAILED OR ELECTRONICALLY TRANSMITTED WRIT-
TEN COMMUNICATIONS, ADVERTISEMENTS AND BRANDINGS.
  8. "RUNNER" MEANS A PERSON, NOT A PROVIDER, WHO  WITH  THE  INTENT  TO
OBTAIN  A  MATERIAL PECUNIARY BENEFIT, PROCURES OR ATTEMPTS TO PROCURE A
CLIENT, PATIENT OR CUSTOMER AT THE DIRECTION OF, REQUEST OF, IN  COOPER-
ATION  WITH,  WHILE EMPLOYED BY, OR WITH INTENT TO SOLICIT A FEE FROM, A
PROVIDER OR FROM ANY PERSON WHO CREATES THE IMPRESSION THAT HE OR SHE OR
HIS OR HER PRACTICE CAN PROVIDE LEGAL OR HEALTH CARE SERVICES. SUCH TERM
SHALL NOT INCLUDE A PERSON WHO PROCURES OR ATTEMPTS TO PROCURE  CLIENTS,
PATIENTS  OR CUSTOMERS FOR A PROVIDER THROUGH PUBLIC MEDIA OR WHO REFERS
CLIENTS, PATIENTS OR CUSTOMERS AS AUTHORIZED OR PERMITTED BY LAW  OR  IN
ACCORDANCE  WITH  EXISTING  PROFESSIONAL  CODES OF CONDUCT GOVERNING THE
PROFESSIONAL PRACTICE OF A PROVIDER.  NOTHING IN THIS ARTICLE  SHALL  BE
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.
                                                           LBD06170-14-1

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