Health care fraud in the second degree · as in force on May 31, 2026
§ 177.20 Health care fraud in the second degree.
A person is guilty of health care fraud in the second degree when such person, on one or more occasions, commits the crime of health care fraud in the fifth degree and the payment or portion of the payment wrongfully received, as the case may be, from a single health plan, in a period of not more than one year, exceeds fifty thousand dollars in the aggregate.
Health care fraud in the second degree is a class C felony.
A person commits second-degree health care fraud by committing fifth-degree health care fraud on 1 or more occasions and wrongfully receiving, from 1 health plan within no more than 1 year, aggregate payments exceeding $50,000. ★ It is a class C felony.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.