S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          799
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       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:
    1    Section  1. Section 176.00 of the penal law is amended by adding three
    2  new subdivisions 6, 7 and 8 to read as follows:
    3    6. "PROVIDER" MEANS A HEALTH CARE PROFESSIONAL, AN OWNER  OR  OPERATOR
    4  OF A HEALTH CARE PRACTICE OR FACILITY OR AN ATTORNEY.
    5    7.  "PUBLIC  MEDIA" MEANS ANY OF THE FOLLOWING MEANS OF COMMUNICATION,
    6  PROVIDED THAT THE USE OF SUCH COMMUNICATION DOES NOT  INVOLVE  IN-PERSON
    7  CONTACT  WITH A SPECIFIC PROSPECTIVE CLIENT, PATIENT OR CUSTOMER FOR THE
    8  PURPOSE OF  RETENTION,  TREATMENT  OR  REPRESENTATION  IN  A  PARTICULAR
    9  MATTER:  TELEPHONE DIRECTORIES, PROFESSIONAL DIRECTORIES, NEWSPAPERS AND
   10  OTHER PERIODICALS, RADIO AND TELEVISION, BILLBOARDS, BROCHURES, BUSINESS
   11  CARDS, NEWSLETTERS, ANNOUNCEMENTS, PROMOTIONAL ITEMS BRANDING MATERIALS,
   12  ADVERTISEMENTS, WEBSITES AND MAILED OR ELECTRONICALLY TRANSMITTED  WRIT-
   13  TEN COMMUNICATIONS, ADVERTISEMENTS AND BRANDINGS.
   14    8.  "RUNNER"  MEANS  A  PERSON, NOT A PROVIDER, WHO WITH THE INTENT TO
   15  OBTAIN A MATERIAL PECUNIARY BENEFIT, PROCURES OR ATTEMPTS TO  PROCURE  A
   16  CLIENT,  PATIENT OR CUSTOMER AT THE DIRECTION OF, REQUEST OF, IN COOPER-
   17  ATION WITH, WHILE EMPLOYED BY, OR WITH INTENT TO SOLICIT A FEE  FROM,  A
   18  PROVIDER OR FROM ANY PERSON WHO CREATES THE IMPRESSION THAT HE OR SHE OR
   19  HIS OR HER PRACTICE CAN PROVIDE LEGAL OR HEALTH CARE SERVICES. SUCH TERM
   20  SHALL  NOT INCLUDE A PERSON WHO PROCURES OR ATTEMPTS TO PROCURE CLIENTS,
   21  PATIENTS OR CUSTOMERS FOR A PROVIDER THROUGH PUBLIC MEDIA OR WHO  REFERS
   22  CLIENTS,  PATIENTS  OR CUSTOMERS AS AUTHORIZED OR PERMITTED BY LAW OR IN
   23  ACCORDANCE WITH EXISTING PROFESSIONAL CODES  OF  CONDUCT  GOVERNING  THE
   24  PROFESSIONAL  PRACTICE  OF A PROVIDER.  NOTHING IN THIS ARTICLE SHALL BE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03889-01-3
       A. 799                              2
    1  DEEMED TO PROHIBIT AN AGENT, BROKER OR EMPLOYEE OF A HEALTH  MAINTENANCE
    2  ORGANIZATION FROM SEEKING TO SELL HEALTH MAINTENANCE ORGANIZATION COVER-
    3  AGE OR HEALTH INSURANCE COVERAGE TO AN INDIVIDUAL OR GROUP.
    4    S  2.  The  penal  law is amended by adding three new sections 176.75,
    5  176.80 and 176.85 to read as follows:
    6  S 176.75 UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS  IN  THE
    7             THIRD DEGREE.
    8    A  PERSON  IS  GUILTY  OF UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR
    9  CUSTOMERS IN THE THIRD DEGREE WHEN HE OR SHE KNOWINGLY:
   10    1. ACTS AS A RUNNER ON MORE THAN ONE OCCASION DURING ANY  TWELVE-MONTH
   11  PERIOD; OR
   12    2.  AS  A PROVIDER, IN VIOLATION OF LAW OR EXISTING PROFESSIONAL CODES
   13  OF CONDUCT GOVERNING THE PROFESSIONAL PRACTICE OF  THE  PROVIDER,  USES,
   14  SOLICITS, DIRECTS, HIRES OR EMPLOYS ANOTHER PERSON TO ACT AS A RUNNER ON
   15  MORE THAN ONE OCCASION OVER ANY TWELVE-MONTH PERIOD AND PROVIDES A MATE-
   16  RIAL PECUNIARY BENEFIT.
   17    UNLAWFUL  PROCUREMENT  OF  CLIENTS, PATIENTS OR CUSTOMERS IN THE THIRD
   18  DEGREE IS A CLASS A MISDEMEANOR.
   19  S 176.80 UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS  IN  THE
   20             SECOND DEGREE.
   21    1.  A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR
   22  CUSTOMERS IN THE SECOND DEGREE WHEN HE OR SHE KNOWINGLY ACTS AS A RUNNER
   23  ON FIVE OR MORE OCCASIONS OVER ANY TWELVE-MONTH PERIOD, OR FOR A PECUNI-
   24  ARY BENEFIT THAT IN THE  AGGREGATE  EXCEEDS  FIVE  THOUSAND  DOLLARS  IN
   25  VALUE; OR
   26    2.  AS  A PROVIDER, IN VIOLATION OF LAW OR EXISTING PROFESSIONAL CODES
   27  OF CONDUCT GOVERNING THE PROFESSIONAL PRACTICE OF THE PROVIDER, KNOWING-
   28  LY USES, SOLICITS, DIRECTS, HIRES OR EMPLOYS ONE OR MORE PERSONS TO  ACT
   29  AS  A  RUNNER ON FIVE OR MORE OCCASIONS OVER ANY TWELVE-MONTH PERIOD, OR
   30  PROVIDES A PECUNIARY BENEFIT TO THE RUNNER THAT IN THE AGGREGATE EXCEEDS
   31  FIVE THOUSAND DOLLARS IN VALUE.
   32    UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN  THE  SECOND
   33  DEGREE IS A CLASS E FELONY.
   34  S 176.85 UNLAWFUL  PROCUREMENT  OF CLIENTS, PATIENTS OR CUSTOMERS IN THE
   35             FIRST DEGREE.
   36    1. A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS  OR
   37  CUSTOMERS  IN THE FIRST DEGREE WHEN HE OR SHE KNOWINGLY ACTS AS A RUNNER
   38  ON TEN OR MORE OCCASIONS OVER ANY TWELVE-MONTH PERIOD, OR FOR A  PECUNI-
   39  ARY  BENEFIT  THAT  IN  THE AGGREGATE EXCEEDS TWENTY THOUSAND DOLLARS IN
   40  VALUE; OR
   41    2. AS A PROVIDER, IN VIOLATION OF LAW OR EXISTING  PROFESSIONAL  CODES
   42  OF CONDUCT GOVERNING THE PROFESSIONAL PRACTICE OF THE PROVIDER, KNOWING-
   43  LY  USES, SOLICITS, DIRECTS, HIRES OR EMPLOYS ONE OR MORE PERSONS TO ACT
   44  AS A RUNNER ON TEN OR MORE OCCASIONS OVER ANY  TWELVE-MONTH  PERIOD,  OR
   45  PROVIDES A PECUNIARY BENEFIT TO THE RUNNER THAT IN THE AGGREGATE EXCEEDS
   46  TWENTY THOUSAND DOLLARS IN VALUE.
   47    UNLAWFUL  PROCUREMENT  OF  CLIENTS, PATIENTS OR CUSTOMERS IN THE FIRST
   48  DEGREE IS A CLASS D FELONY.
   49    S 3. Paragraph (a) of subdivision 1 of section  460.10  of  the  penal
   50  law,  as  amended by chapter 405 of the laws of 2010, is amended to read
   51  as follows:
   52    (a) Any of the felonies set forth in this  chapter:  sections  120.05,
   53  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
   54  ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
   55  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
   56  135.25 relating to kidnapping; section 135.35 relating  to  labor  traf-
       A. 799                              3
    1  ficking;  section  135.65  relating to coercion; sections 140.20, 140.25
    2  and 140.30 relating to burglary;  sections  145.05,  145.10  and  145.12
    3  relating  to  criminal  mischief;  article one hundred fifty relating to
    4  arson;  sections  155.30,  155.35,  155.40  and 155.42 relating to grand
    5  larceny; sections 177.10, 177.15, 177.20 and 177.25 relating  to  health
    6  care  fraud;  article  one  hundred  sixty relating to robbery; sections
    7  165.45, 165.50, 165.52 and 165.54 relating  to  criminal  possession  of
    8  stolen  property; sections 165.72 and 165.73 relating to trademark coun-
    9  terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65  and
   10  170.70  relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
   11  210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
   12  176.30 relating to insurance fraud; SECTIONS 176.80 AND 176.85  RELATING
   13  TO  UNLAWFUL  PROCUREMENT  OF  CLIENTS,  PATIENTS OR CUSTOMERS; sections
   14  178.20 and 178.25 relating to criminal diversion of prescription medica-
   15  tions  and  prescriptions;  sections  180.03,  180.08,  180.15,  180.25,
   16  180.40,  180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20,
   17  200.22, 200.25, 200.27, 215.00, 215.05 and 215.19 relating  to  bribery;
   18  sections 187.10, 187.15, 187.20 and 187.25 relating to residential mort-
   19  gage  fraud,  sections  190.40  and  190.42  relating to criminal usury;
   20  section 190.65 relating to  schemes  to  defraud;  sections  205.60  and
   21  205.65  relating  to hindering prosecution; sections 210.10, 210.15, and
   22  215.51 relating to perjury and  contempt;  section  215.40  relating  to
   23  tampering  with  physical  evidence;  sections  220.06,  220.09, 220.16,
   24  220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46,  220.55,
   25  220.60 and 220.77 relating to controlled substances; sections 225.10 and
   26  225.20  relating to gambling; sections 230.25, 230.30, and 230.32 relat-
   27  ing to promoting prostitution; section 230.34 relating to sex  traffick-
   28  ing;  sections  235.06, 235.07, 235.21 and 235.22 relating to obscenity;
   29  sections 263.10 and 263.15 relating to promoting a sexual performance by
   30  a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
   31  provisions of section 265.10  which  constitute  a  felony  relating  to
   32  firearms  and  other  dangerous  weapons; and sections 265.14 and 265.16
   33  relating to criminal sale of a  firearm;  and  section  275.10,  275.20,
   34  275.30,  or  275.40  relating  to  unauthorized recordings; and sections
   35  470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
   36    S 4. This act shall take effect on the first of November next succeed-
   37  ing the date on which it shall have become a law.