ยง 366-b. Penalties for fraudulent practices. 1. Any person who
knowingly makes a false statement or representation, or who by
deliberate concealment of any material fact, or by impersonation or
other fraudulent device, obtains or attempts to obtain or aids or abets
any person to obtain medical assistance to which he is not entitled,
shall be guilty of a class A misdemeanor, unless such act constitutes a
violation of a provision of the penal law of the state of New York, in
which case he shall be punished in accordance with the penalties fixed
by such law.
2. Any person who, with intent to defraud, presents for allowance or
payment any false or fraudulent claim for furnishing services or
merchandise, or knowingly submits false information for the purpose of
obtaining greater compensation than that to which he is legally entitled
for furnishing services or merchandise, or knowingly submits false
information for the purpose of obtaining authorization for furnishing
services or merchandise under this title, shall be guilty of a class A
misdemeanor, unless such act constitutes a violation of a provision of
the penal law of the state of New York, in which case he shall be
punished in accordance with the penalties fixed by such law.
Structure New York Laws
Article 5 - Assistance and Care
Title 11 - Medical Assistance for Needy Persons
363-A - Federal Aid; State Plan.
363-D - Provider Compliance Program.
363-E - Medicaid Plan, Applications for Waivers and Plan Amendments; Public Disclosure.
363-F - Electronic Visit Verification for Personal Care and Home Health Providers.
364 - Responsibility for Standards.
364-A - Cooperation of State Departments.
364-B - Residential and Medical Care Placement Demonstration Projects.
364-C - National Long Term Care Channeling Demonstration Project.
364-D - Medical Assistance Research and Demonstration Projects.
364-E - Aid to Families With Dependent Children Homemaker/home Health Aide Demonstration Projects.
364-F - Primary Care Case Management Programs.
364-G - Medical Assistance Capitation Rate Demonstration Project.
364-H - Foster Family Care Demonstration Programs for Elderly or Disabled Persons.
364-I - Medical Assistance Presumptive Eligibility Program.
364-J - Managed Care Programs.
364-J-2 - Transitional Supplemental Payments.
364-JJ - Special Advisory Review Panel on Medicaid Managed Care.
364-KK - Condition of Participation.
364-M - Statewide Patient Centered Medical Home Program.
364-N - Diabetes and Chronic Disease Self-Management Pilot Program.
365 - Responsibility for Assistance.
365-A - Character and Adequacy of Assistance.
365-B - Local Medical Plans: Professional Directors.
365-C - Medical Advisory Committee.
365-D - Medicaid Evidence Based Benefit Review Advisory Committee.
365-E - Optional or Continued Membership in Entities Offering Comprehensive Health Services Plans.
365-F - Consumer Directed Personal Assistance Program.
365-G - Utilization Review for Certain Care, Services and Supplies.
365-H - Provision and Reimbursement of Transportation Costs.
365-K - Provision of Prenatal Care Services.
365-M - Administration and Management of Behavioral Health Services.
365-N - Department of Health Assumption of Program Administration.
365-O - Provision and Coverage of Services for Living Organ Donors.
366-A - Applications for Assistance; Investigations; Reconsideration.
366-B - Penalties for Fraudulent Practices.
366-C - Treatment of Income and Resources of Institutionalized Persons.
366-D - Medical Assistance Provider; Prohibited Practices.
366-E - Certified Home Health Agency Medicare Billing.
366-F - Persons Acting in Concert With a Medical Assistance Provider; Prohibited Practices.
366-G - Newborn Enrollment for Medical Assistance.
366-H - Automated System; Established.
366-I - Long-Term Care Financing Demonstration Program.
367 - Authorization for Hospital Care.
367-B - Medical Assistance Information and Payment System.
367-C - Payment for Long Term Home Health Care Programs.
367-D - Personal Care Need Determination.
367-E - Payment for AIDS Home Care Programs.
367-F - Partnership for Long Term Care Program.
367-G - Authorization and Provision of Personal Emergency Response Services.
367-H - Payment for Assisted Living Programs.
367-I - Personal Care Services Provider Assessments.
367-O - Health Insurance Demonstration Programs.
367-P*2 - Payment for Limited Home Care Services Agencies.
367-Q - Personal Care Services Worker Recruitment and Retention Program.
367-R - Private Duty Nursing Services Worker Recruitment and Retention Program.
367-S - Long Term Care Demonstration Program.
367-S*2 - Emergency Medical Transportation Services.
367-T - Payment for Emergency Physician Services.
367-U - Payment for Home Telehealth Services.
367-V - County Long-Term Care Financing Demonstration Program.
367-W - Health Care and Mental Hygiene Worker Bonuses.
368-B - State Reimbursement to Local Health Districts; Chargebacks.
368-C - Audit of State Rates of Payment to Providers of Health Care Services.
368-E - Reimbursement to Counties for Pre-School Children With Handicapping Conditions.
368-F - Reimbursement of Costs Under the Early Intervention Program.