N.Y. SOS Law § 366-D

§ 366-d. Medical assistance provider; prohibited practices. 1.\nDefinitions. As used in this section, "medical assistance provider"\nmeans any person, firm, partnership, group, association, fiduciary,\nemployer or representative thereof or other entity who is furnishing\ncare, services or supplies under title eleven of article five of this\nchapter.\n 2. No medical assistance provider shall:\n (a) solicit, receive, accept or agree to receive or accept any\npayment or other consideration in any form from another person to the\nextent such payment or other consideration is given: (i) for the\nreferral of services for which payment is made under title eleven of\narticle five of this chapter; or (ii) to purchase, lease or order any\ngood, facility, service or item for which payment is made under title\neleven of article five of this chapter; or\n (b) offer, agree to give or give any payment or other consideration\nin any form to another person to the extent such payment or other\nconsideration is given: (i) for the referral of services for which\npayment is made under title eleven of article five of this chapter; or\n(ii) to purchase, lease or order any good, facility, service or item for\nwhich payment is made under title eleven of article five of this\nchapter;\n (c) as used in this section "person" shall have the meaning set\nforth in subdivision seven of section 10.00 of the penal law.\n (d) this subdivision shall not apply to any activity specifically\nexempt by federal statute or federal regulations promulgated thereunder.\n 3. Any medical assistance provider who violates the provisions of this\nsection is guilty of a misdemeanor punishable by:\n (a) a term of imprisonment in accordance with the penal law; or\n (b) a fine of not less than five hundred dollars nor more than ten\nthousand dollars; or\n (c) if the defendant has obtained money or property through a\nviolation of the provisions of this section, a fine in an amount, fixed\nby the court, not to exceed double the amount of the defendant's gain\nfrom a violation of such provisions. In such event, the provisions of\nsubdivision three of section 80.00 of the penal law shall be applicable\nto the sentence; or\n (d) both the imprisonment and the fine.\n 4. Any medical assistance provider who violates the provisions of this\nsection and thereby obtains money or property having a value in excess\nof seven thousand five hundred dollars shall be guilty of a class E\nfelony.\n