Assembly Bill A2941

2015-2016 Legislative Session

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

download bill text pdf

Sponsored By

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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2015-A2941 (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:
2011-2012: A8443
2013-2014: A799
2017-2018: A5429
2019-2020: A4205
2021-2022: A9208
2023-2024: A855

2015-A2941 (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.

2015-A2941 (ACTIVE) - Bill Text download pdf 

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

                                  2941

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

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:

  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.
                                                           LBD07438-01-5

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