Assembly Bill A855

2023-2024 Legislative Session

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

download bill text pdf

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Current 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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2023-A855 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§176.00 & 460.10, add §§176.85, 176.90 & 176.95, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8443
2013-2014: A799
2015-2016: A2941
2017-2018: A5429
2019-2020: A4205
2021-2022: A9208

2023-A855 (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; defines a "runner" 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.

2023-A855 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    855
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced by M. of A. WEPRIN -- 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.
                                                            LBD01531-01-3

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