§ 366-f. Persons acting in concert with a medical assistance provider;\nprohibited practices.\n 1. No person acting in concert with a medical assistance provider\nshall, with intent to defraud:\n (a) solicit, receive, accept or agree to receive or accept any payment\nor other consideration in any form from another person to the extent\nsuch payment or other consideration is given (i) for the referral of\nservices for which payment is made under this title or (ii) to purchase,\nlease or order any good, facility, service or item for which payment is\nmade under this title; or\n (b) offer, agree to give or give any payment or other consideration in\nany form to another person to the extent such payment or other\nconsideration is given (i) for the referral of services for which\npayment i
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§ 366-f. Persons acting in concert with a medical assistance provider;\nprohibited practices.\n 1. No person acting in concert with a medical assistance provider\nshall, with intent to defraud:\n (a) solicit, receive, accept or agree to receive or accept any payment\nor other consideration in any form from another person to the extent\nsuch payment or other consideration is given (i) for the referral of\nservices for which payment is made under this title or (ii) to purchase,\nlease or order any good, facility, service or item for which payment is\nmade under this title; or\n (b) offer, agree to give or give any payment or other consideration in\nany 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 this title; or (ii) to purchase, lease or order\nany good, facility, service or item for which payment is made under this\ntitle;\n (c) this subdivision shall not apply to any activity specifically\nexempt by federal statute or federal regulations promulgated thereunder.\n 2. As used in this section, "person" shall have the meaning set forth\nin subdivision seven of section 10.00 of the penal law.\n 3. A violation of the provisions of this section is a misdemeanor\npunishable by:\n (a) a term of imprisonment in accordance with the penal law; or\n (b) a fine of not more than ten thousand 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 such person who violates the provisions of this section and\nthereby obtains money or property having a value in excess of seven\nthousand five hundred dollars shall be guilty of a class E felony.\n