2006 New York Code - Medical Assistance Provider; Prohibited Practices.

 
    §   366-d.  Medical  assistance  provider;  prohibited  practices.  1.
  Definitions. As used in  this  section,  "medical  assistance  provider"
  means  any  person,  firm,  partnership,  group, association, fiduciary,
  employer or representative thereof or other  entity  who  is  furnishing
  care,  services  or  supplies under title eleven of article five of this
  chapter.
    2.  No medical assistance provider shall:
    (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 title eleven of
  article five of this chapter; or (ii) to purchase, lease  or  order  any
  good,  facility,  service  or item for which payment is made under title
  eleven of article five of this chapter; 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 title eleven of article five of this chapter; or
  (ii) to purchase, lease or order any good, facility, service or item for
  which payment is made  under  title  eleven  of  article  five  of  this
  chapter;
    (c)  as  used  in  this section "person"   shall have the meaning  set
  forth in subdivision seven of section 10.00 of the penal law.
    (d) this subdivision shall not  apply  to  any  activity  specifically
  exempt by federal statute or federal regulations promulgated thereunder.
    3. Any medical assistance provider who violates the provisions of this
  section is guilty of a misdemeanor punishable by:
    (a) a term of imprisonment in accordance with the penal law; or
    (b)  a  fine  of  not less than five hundred dollars nor 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 medical assistance provider 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.