2012 New York Consolidated Laws
SOS - Social Services
Article 5 - ASSISTANCE AND CARE
Title 11 - (363 - 369) MEDICAL ASSISTANCE FOR NEEDY PERSONS
366-F - Persons acting in concert with a medical assistance provider; prohibited practices.

 
    § 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.