N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Involving Fraud / ARTICLE Health Care Fraud
New York Consolidated Laws

N.Y. Penal Law § 177.30 (2026)

Health care fraud; affirmative defense

✓ current as of May 2026
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§ 177.30 Health care fraud; affirmative defense.
  In any prosecution under this article, it shall be an affirmative
defense that the defendant was a clerk, bookkeeper or other employee,
other than an employee charged with the active management and control,
in an executive capacity, of the affairs of the corporation, who,
without personal benefit, merely executed the orders of his or her
employer or of a superior employee generally authorized to direct his or
her activities.
Notes of Decisions
Cited in 1 case, 2011–2011 · leading case: People v. Khan, 82 A.D.3d 44 (N.Y. App. Div. 2011).
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People v. Khan, 82 A.D.3d 44 (N.Y. App. Div. 2011). “It should be noted in this regard that pursuant to Penal Law § 177.30, “[i]n any prosecution under this article, it shall be an affirmative defense that the defendant was a clerk, bookkeeper or other employee, other than an employee charged with the active management and…”
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