Criminalizes acting as a runner or soliciting or employing a runner to procure patients or clients.
This bill creates a new set of crimes in the Penal Law for “unlawful procurement of clients, patients or customers,” aimed at conduct commonly described as using a “runner” to solicit business for attorneys, health care providers, or related service providers. It defines key terms such as “provider,” “public media,” “runner,” and “pecuniary benefit,” and makes it a crime to knowingly act as a runner or to solicit, direct, hire, or employ another person to do so. The bill distinguishes between lower- and higher-level offenses based on the number of occasions and the value of the benefit involved.
Under the bill, the basic offense is a class A misdemeanor, while repeat conduct or conduct involving more than $2,500 in aggregate value becomes a class E felony, and conduct involving more than $5,000 in aggregate value becomes a class D felony. The bill also exempts certain conduct, including referrals made through public media, referrals otherwise authorized by law, and certain health insurance/HMO sales activity. The act would take effect on November 1 following enactment.
The bill would amend the Penal Law by adding new offenses and would also amend the Criminal Procedure Law to include the new second- and first-degree offenses in lists of crimes eligible for certain investigative and procedural tools, including eavesdropping-related provisions. It also amends the Penal Law and Criminal Procedure Law cross-references so the new offenses are treated alongside other fraud-, theft-, and public-integrity-related felonies for sentencing and criminal procedure purposes. In practical terms, attorneys, health care providers, and anyone involved in patient/client acquisition could face misdemeanor or felony liability for paying or using runners to generate business tied to insurance claims, health care benefits, or similar services.
The available record shows the bill was introduced and referred to the Committee on Codes, but there are no recorded committee transcripts or votes provided here. Based on the bill text and caption, the measure appears to be framed as an anti-fraud and anti-exploitation enforcement bill, suggesting a law-and-order orientation rather than a controversial policy expansion. Because no debate or vote history is available, there is no documented public sentiment in the supplied materials beyond the bill’s apparent purpose.
The main points of potential contention are the breadth of the definition of “provider” and “runner,” and whether the bill could sweep in legitimate marketing, referral, or business-development practices in legal and health care settings. The bill attempts to limit that concern by excluding public-media advertising and lawful referrals, but it still criminalizes conduct based on repeated acts and monetary thresholds, which may raise questions about proof, overbreadth, and the line between improper solicitation and ordinary client acquisition. Any opposition would likely come from attorneys, health care providers, insurers, or business groups concerned about compliance burdens and the risk of criminalizing aggressive but lawful marketing.