N.Y. Penal Law § 177.05: Health care fraud in the fifth degree

§ 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.