§ 366-f. Persons acting in concert with a medical assistance provider;
prohibited practices.

1. No person acting in concert with a medical assistance provider
shall, with intent to defraud:

(a) solicit, receive, accept or agree to receive or accept any payment
or other consideration in any form from another person to the extent
such payment or other consideration is given (i) for the referral of
services for which payment is made under this title or (ii) to purchase,
lease or order any good, facility, service or item for which payment is
made under this title; or

(b) offer, agree to give or give any payment or other consideration in
any form to another person to the extent such payment or other
consideration is given (i) for the referral of services for which
payment is made under this title; or (ii) to purchase, lease or order
any good, facility, service or item for which payment is made under this
title;

(c) this subdivision shall not apply to any activity specifically
exempt by federal statute or federal regulations promulgated thereunder.

2. As used in this section, "person" shall have the meaning set forth
in subdivision seven of section 10.00 of the penal law.

3. A violation of the provisions of this section is a misdemeanor
punishable by:

(a) a term of imprisonment in accordance with the penal law; or

(b) a fine of not more than ten thousand dollars; or

(c) if the defendant has obtained money or property through a
violation of the provisions of this section, a fine in an amount, fixed
by the court, not to exceed double the amount of the defendant's gain
from a violation of such provisions. In such event, the provisions of
subdivision three of section 80.00 of the penal law shall be applicable
to the sentence; or

(d) both the imprisonment and the fine.

4. Any such person who violates the provisions of this section and
thereby obtains money or property having a value in excess of seven
thousand five hundred dollars shall be guilty of a class E felony.