(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.
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.