What's happening
This bill criminalizes the practice of using "runners" to unlawfully procure clients, patients, or customers for providers, establishing new misdemeanor and felony offenses for such conduct.
Why it matters
Targets unethical client solicitation. The bill specifically criminalizes the practice of using “runners”—third parties who, in exchange for payment, solicit clients, patients, or customers for providers (like lawyers and healthcare professionals) through direct, in-person contact, which is often linked to fraud or exploitation.
Distinguishes legal advertising from illegal solicitation. By defining “public media” and exempting referrals made through lawful advertising or permitted professional conduct, the law aims to protect legitimate business development and patient/client choice while cracking down on covert and aggressive recruitment tactics.
Escalating penalties to deter organized schemes. The law establishes a tiered system of misdemeanor and felony offenses based on the frequency of offenses and the financial gain involved, signaling an intent to disrupt not only individual actors but also organized operations that systematically exploit vulnerable people.
Adds new tools for broader criminal prosecutions. By including these new offenses among those that can be prosecuted as part of enterprise corruption (New York’s racketeering statute), it gives law enforcement additional leverage against networks that profit from illegal client procurement, potentially leading to more significant penalties and asset forfeiture.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Ban Client Runners for Providers
Plain English, a few words. Used as the page title.
Sponsors
2 Multi-sponsors
History
- Referred to codes
- Referred to codes
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4205
2019-2020 Regular Sessions
IN ASSEMBLY
February 1, 2019
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 Assembly, do enact as follows:
Section 1. Section 176.00 of the penal law is amended by adding three new subdivisions 6, 7 and 8 to read as follows:
6. "Provider" means a health care professional, an owner or operator of a health care practice or facility or an attorney.
7. "Public media" means any of the following means of communication, provided that the use of such communication does not involve in-person contact with a specific prospective client, patient or customer for the purpose of retention, treatment or representation in a particular matter: telephone directories, professional directories, newspapers and other periodicals, radio and television, billboards, brochures, business cards, newsletters, announcements, promotional items branding materials, advertisements, websites and mailed or electronically transmitted written communications, advertisements and brandings.
8. "Runner" means a person, not a provider, who with the intent to obtain a material pecuniary benefit, procures or attempts to procure a client, patient or customer at the direction of, request of, in cooperation with, while employed by, or with intent to solicit a fee from, a provider or from any person who creates the impression that he or she or his or her practice can provide legal or health care services. Such term shall not include a person who procures or attempts to procure clients, patients or customers for a provider through public media or who refers clients, patients or customers as authorized or permitted by law or in accordance with existing professional codes of conduct governing the professional practice of a provider. Nothing in this article shall be deemed to prohibit an agent, broker or employee of a health maintenance
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08395-01-9
A. 4205 2
organization from seeking to sell health maintenance organization coverage or health insurance coverage to an individual or group.
§ 2. The penal law is amended by adding three new sections 176.75, 176.80 and 176.85 to read as follows: § 176.75 Unlawful procurement of clients, patients or customers in the
third degree.
A person is guilty of unlawful procurement of clients, patients or customers in the third degree when he or she knowingly:
1. Acts as a runner on more than one occasion during any twelve-month period; or
2. As a provider, in violation of law or existing professional codes of conduct governing the professional practice of the provider, uses, solicits, directs, hires or employs another person to act as a runner on more than one occasion over any twelve-month period and provides a material pecuniary benefit.
Unlawful procurement of clients, patients or customers in the third degree is a class A misdemeanor. § 176.80 Unlawful procurement of clients, patients or customers in the
second degree.
1. A person is guilty of unlawful procurement of clients, patients or customers in the second degree when he or she knowingly acts as a runner on five or more occasions over any twelve-month period, or for a pecuniary benefit that in the aggregate exceeds five thousand dollars in value; or
2. As a provider, in violation of law or existing professional codes of conduct governing the professional practice of the provider, knowingly uses, solicits, directs, hires or employs one or more persons to act as a runner on five or more occasions over any twelve-month period, or provides a pecuniary benefit to the runner that in the aggregate exceeds five thousand dollars in value.
Unlawful procurement of clients, patients or customers in the second degree is a class E felony. § 176.85 Unlawful procurement of clients, patients or customers in the
first degree.
1. A person is guilty of unlawful procurement of clients, patients or customers in the first degree when he or she knowingly acts as a runner on ten or more occasions over any twelve-month period, or for a pecuniary benefit that in the aggregate exceeds twenty thousand dollars in value; or
2. As a provider, in violation of law or existing professional codes of conduct governing the professional practice of the provider, knowingly uses, solicits, directs, hires or employs one or more persons to act as a runner on ten or more occasions over any twelve-month period, or provides a pecuniary benefit to the runner that in the aggregate exceeds twenty thousand dollars in value.
Unlawful procurement of clients, patients or customers in the first degree is a class D felony.
§ 3. Paragraph (a) of subdivision 1 of section 460.10 of the penal law, as amended by chapter 189 of the laws of 2018, is amended to read as follows:
(a) Any of the felonies set forth in this chapter: sections 120.05, 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relating to strangulation; sections 125.10 to 125.27 relating to homicide; sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and 135.25 relating to kidnapping; sections 135.35 and 135.37 relating to labor trafficking; section 135.65 relating to coercion; sections 140.20,
A. 4205 3
140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and 145.12 relating to criminal mischief; article one hundred fifty relating to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health care fraud; article one hundred sixty relating to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of stolen property; sections 165.72 and 165.73 relating to trademark counterfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and 176.30 relating to insurance fraud; sections 176.80 and 176.85 relating to unlawful procurement of clients, patients or customers; sections 178.20 and 178.25 relating to criminal diversion of prescription medications and prescriptions; sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56, 215.00, 215.05 and 215.19; sections 187.10, 187.15, 187.20 and 187.25 relating to residential mortgage fraud, sections 190.40 and 190.42 relating to criminal usury; section 190.65 relating to schemes to defraud; any felony defined in article four hundred ninety-six; sections 205.60 and 205.65 relating to hindering prosecution; sections 210.10, 210.15, and 215.51 relating to perjury and contempt; section 215.40 relating to tampering with physical evidence; sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled substances; sections 225.10 and 225.20 relating to gambling; sections 230.25, 230.30, and 230.32 relating to promoting prostitution; section 230.34 relating to sex trafficking; section 230.34-a relating to sex trafficking of a child; sections 235.06, 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10 and 263.15 relating to promoting a sexual performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the provisions of section 265.10 which constitute a felony relating to firearms and other dangerous weapons; sections 265.14 and 265.16 relating to criminal sale of a firearm; section 275.10, 275.20, 275.30, or 275.40 relating to unauthorized recordings; and sections 470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.