2C:21-22.1 Definitions relative to use of runners; crime; sentencing.
1. a. As used in this section:
Provider
means an attorney, a health care professional, an owner or operator of a
health care practice or facility, any person who creates the impression
that he or his practice or facility can provide legal or health care
services, or any person employed or acting on behalf of any of the
aforementioned persons.
Public
media means telephone directories, professional directories, newspapers
and other periodicals, radio and television, billboards and mailed or
electronically transmitted written communications that do not involve
in-person contact with a specific prospective client, patient or
customer.
Runner
means a person who, for a pecuniary benefit, procures or attempts to
procure a client, patient or customer at the direction of, request of or
in cooperation with a provider whose purpose is to seek to obtain
benefits under a contract of insurance or assert a claim against an
insured or an insurance carrier for providing services to the client,
patient or customer, or to obtain benefits under or assert a claim
against a State or federal health care benefits program or prescription
drug assistance program. Runner shall not include a person who procures
or attempts to procure clients, patients or customers for a provider
through public media or a person who refers clients, patients or
customers to a provider as otherwise authorized by law.
b.A
person is guilty of a crime of the third degree if that person
knowingly acts as a runner or uses, solicits, directs, hires or employs
another to act as a runner.
c.Notwithstanding
the provisions of subsection e. of N.J.S.2C:44-1, the court shall deal
with a person who has been convicted of a violation of this section by
imposing a sentence of imprisonment unless, having regard to the
character and condition of the person, the court is of the opinion that
imprisonment would be a serious injustice which overrides the need to
deter such conduct by others. If the court imposes a noncustodial or
probationary sentence, such sentence shall not become final for 10 days
in order to permit the appeal of such sentence by the prosecution.
Nothing in this section shall preclude an indictment and conviction for
any other offense defined by the laws of this State.
L. 1999, c. 162; amended 2007, c.58, s.12.