N.Y. State Finance Law § 188: Definitions

§ 188. Definitions. As used in this article, the following terms shall

mean:

1. "Claim" (a) means any request or demand, whether under a contract

or otherwise, for money or property that

(i) is presented to an officer, employee or agent of the state or a

local government; or

(ii) is made to a contractor, grantee, or other recipient, if the

money or property is to be spent or used on the state or a local

government's behalf or to advance a state or local government program or

interest, and if the state or local government (A) provides or has

provided any portion of the money or property requested or demanded; or

(B) will reimburse such contractor, grantee, or other recipient for any

portion of the money or property which is requested or demanded;

(b) does not include requests or demands for money or property that

the state or a local government has already paid to an individual as

compensation for government employment or as an income subsidy with no

restrictions on that individual's use of the money or property.

2. "False claim" means any claim which is, either in whole or part,

false or fraudulent.

3. "Knowing and knowingly" (a) means that a person, with respect to

information:

(i) has actual knowledge of the information;

(ii) acts in deliberate ignorance of the truth or falsity of the

information; or

(iii) acts in reckless disregard of the truth or falsity of the

information; and

(b) require no proof of specific intent to defraud, provided, however

that acts occurring by mistake or as a result of mere negligence are not

covered by this article.

4. "Obligation" means an established duty, whether or not fixed,

arising from an express or implied contractual, grantor-grantee, or

licensor-licensee relationship, from a fee-based or similar

relationship, from statute or regulation, or from the retention of any

overpayment.

5. "Material" means having a natural tendency to influence, or be

capable of influencing the payment or receipt of money or property.

6. "Local government" means any New York county, city, town, village,

school district, board of cooperative educational services, local public

benefit corporation or other municipal corporation or political

subdivision of the state, or of such local government.

7. "Original source" means a person who (a) prior to a public

disclosure under paragraph (b) of subdivision nine of section one

hundred ninety of this article has voluntarily disclosed to the state or

a local government the information on which allegations or transactions

in a cause of action are based, or (b) who has knowledge that is

independent of and materially adds to the publicly disclosed allegations

or transactions, and who has voluntarily provided the information to the

state or a local government before or simultaneous with filing an action

under this article.

8. "Person" means any natural person, partnership, corporation,

association or any other legal entity or individual, other than the

state or a local government.

9. "State" means the state of New York and any state department,

board, bureau, division, commission, committee, public benefit

corporation, public authority, council, office or other governmental

entity performing a governmental or proprietary function for the state.