§ 188 — Definitions

New York § 188

• Jurisdiction: New York
• Law STF: State Finance
• Art. 13: New York False Claims Act

Text

§ 188. Definitions. As used in this article, the following terms shall\nmean:\n 1. "Claim" (a) means any request or demand, whether under a contract\nor otherwise, for money or property that\n (i) is presented to an officer, employee or agent of the state or a\nlocal government; or\n (ii) is made to a contractor, grantee, or other recipient, if the\nmoney or property is to be spent or used on the state or a local\ngovernment's behalf or to advance a state or local government program or\ninterest, and if the state or local government (A) provides or has\nprovided any portion of the money or property requested or demanded; or\n(B) will reimburse such contractor, grantee, or other recipient for any\nportion of the money or property which is requested or demanded;\n (b) does not include requests or demands for money or property that\nthe state or a local government has already paid to an individual as\ncompensation for government employment or as an income subsidy with no\nrestrictions on that individual's use of the money or property.\n 2. "False claim" means any claim which is, either in whole or part,\nfalse or fraudulent.\n 3. "Knowing and knowingly" (a) means that a person, with respect to\ninformation:\n (i) has actual knowledge of the information;\n (ii) acts in deliberate ignorance of the truth or falsity of the\ninformation; or\n (iii) acts in reckless disregard of the truth or falsity of the\ninformation; and\n (b) require no proof of specific intent to defraud, provided, however\nthat acts occurring by mistake or as a result of mere negligence are not\ncovered by this article.\n 4. "Obligation" means an established duty, whether or not fixed,\narising from an express or implied contractual, grantor-grantee, or\nlicensor-licensee relationship, from a fee-based or similar\nrelationship, from statute or regulation, or from the retention of any\noverpayment.\n 5. "Material" means having a natural tendency to influence, or be\ncapable of influencing the payment or receipt of money or property.\n 6. "Local government" means any New York county, city, town, village,\nschool district, board of cooperative educational services, local public\nbenefit corporation or other municipal corporation or political\nsubdivision of the state, or of such local government.\n 7. "Original source" means a person who (a) prior to a public\ndisclosure under paragraph (b) of subdivision nine of section one\nhundred ninety of this article has voluntarily disclosed to the state or\na local government the information on which allegations or transactions\nin a cause of action are based, or (b) who has knowledge that is\nindependent of and materially adds to the publicly disclosed allegations\nor transactions, and who has voluntarily provided the information to the\nstate or a local government before or simultaneous with filing an action\nunder this article.\n 8. "Person" means any natural person, partnership, corporation,\nassociation or any other legal entity or individual, other than the\nstate or a local government.\n 9. "State" means the state of New York and any state department,\nboard, bureau, division, commission, committee, public benefit\ncorporation, public authority, council, office or other governmental\nentity performing a governmental or proprietary function for the state.\n