Article 177: Health care fraud

In New York law, Article 177 refers to Health care fraud. If you have been charged with such an offense, you should contact a criminal defense attorney immediately.

The complete law is as follows:

Article 177: Health care fraud

177.00 Health care fraud; definition of terms.
177.05 Health care fraud in the fifth degree.
177.10 Health care fraud in the fourth degree.
177.15 Health care fraud in the third degree.
177.20 Health care fraud in the second degree.
177.25 Health care fraud in the first degree.
177.30 Health care fraud: affirmative defense.

NY PENAL LAW § 177.00

Health care fraud; definition of terms.

The following definitions are applicable to this article:

1. “Health plan” means any publicly or privately funded health insurance or managed care plan or contract, under which any health care item or service is provided, and through which payment may be made to the person who provided the health care item or service. The state’s medical assistance program (Medicaid) shall be considered a single health plan. For purposes of this article, a payment made pursuant to the state’s managed care program as defined in paragraph (c) of subdivision one of section three hundred sixty-four-j of the social services law shall be deemed a payment by the state’s medical assistance program (Medicaid).

2. “Person” means any individual or entity, other than a recipient of a health care item or service under a health plan unless such recipient acts as an accessory to such an individual or entity.

NY PENAL LAW § 177.05

Health care fraud in the fifth degree.

A person is guilty of health care fraud in the fifth degree when, with intent to defraud a health plan, he or she knowingly and willfully provides materially false information or omits material information for the purpose of requesting payment from a health plan for a health care item or service and, as a result of such information or omission, he or she or another person receives payment in an amount that he, she or such other person is not entitled to under the circumstances.

Health care fraud in the fifth degree is a class A misdemeanor.

NY PENAL LAW § 177.10

Health care fraud in the fourth degree.

A person is guilty of health care fraud in the fourth degree when such person, on one or more occasions, commits the crime of health care fraud in the fifth degree and the payment or portion of the payment wrongfully received, as the case may be, from a single health plan, in a period of not more than one year, exceeds three thousand dollars in the aggregate.

Health care fraud in the fourth degree is a class E felony.

NY PENAL LAW § 177.15

Health care fraud in the third degree.

A person is guilty of health care fraud in the third degree when such person, on one or more occasions, commits the crime of health care fraud in the fifth degree and the payment or portion of the payment wrongfully received, as the case may be, from a single health plan, in a period of not more than one year, exceeds ten thousand dollars in the aggregate.

Health care fraud in the third degree is a class D felony.

NY PENAL LAW § 177.20

Health care fraud in the second degree.

A person is guilty of health care fraud in the second degree when such person, on one or more occasions, commits the crime of health care fraud in the fifth degree and the payment or portion of the payment wrongfully received, as the case may be, from a single health plan, in a period of not more than one year, exceeds fifty thousand dollars in the aggregate.

Health care fraud in the second degree is a class C felony.

NY PENAL LAW § 177.25

Health care fraud in the first degree.

A person is guilty of health care fraud in the first degree when such person, on one or more occasions, commits the crime of health care fraud in the fifth degree and the payment or portion of the payment wrongfully received, as the case may be, from a single health plan, in a period of not more than one year, exceeds one million dollars in the aggregate.

Health care fraud in the first degree is a class B felony.

NY PENAL LAW § 177.30

Health care fraud: affirmative defense.

In any prosecution under this article, it shall be an affirmative defense that the defendant was a clerk, bookkeeper or other employee, other than an employee charged with the active management and control, in an executive capacity, of the affairs of the corporation, who, without personal benefit, merely executed the orders of his or her employer or of a superior employee generally authorized to direct his or her activities.