2023 New York Laws › PEN - Penal › Part 3 - Specific Offenses › Title J - Offenses Involving Theft › Article 158 - Welfare Fraud › 158.00 - Definitions; Presumption; Limitation.

§ 158.00 Definitions; presumption; limitation.
1.  Definitions.  The  following  definitions  are  applicable to this
article:
(a) "Public benefit card" means  any  medical  assistance  card,  food
stamp   assistance   card,   public   assistance   card,  or  any  other
identification, authorization card or electronic access device issued by
the state or a social services district, as defined in subdivision seven
of section two of the social services law, which entitles  a  person  to
obtain  public  assistance  benefits  under  a  local, state, or federal
program administered by the state, its political subdivisions, or social
services districts.
(b) "Fraudulent welfare  act"  means  knowingly  and  with  intent  to
defraud, engaging in an act or acts pursuant to which a person:
(1)  offers,  presents  or causes to be presented to the state, any of
its political subdivisions or social services districts, or any employee
or agent thereof, an oral or written application or request  for  public
assistance benefits or for a public benefit card with knowledge that the
application  or request contains a false statement or false information,
and such statement or information is material, or
(2) holds himself or herself out to be another person, whether real or
fictitious, for the purpose of obtaining public assistance benefits, or
(3) makes a false statement or  provides  false  information  for  the
purpose  of  (i)  establishing  or  maintaining  eligibility  for public
assistance benefits or (ii) increasing or preventing reduction of public
assistance benefits, and such statement or information is material.
(c) "Public assistance benefits" means  money,  property  or  services
provided   directly  or  indirectly  through  programs  of  the  federal
government, the state government or  the  government  of  any  political
subdivision  within  the  state  and  administered  by the department of
social services or social services districts.
2. Rebuttable presumption. (a) A person who  possesses  five  or  more
public  benefit  cards  in  a name or names other than his or her own is
presumed to possess the same with intent to defraud, deceive  or  injure
another.
(b)  The  presumption  established by this subdivision shall not apply
to:
(1) any employee or agent of the department of social services to  the
extent  that  he or she possesses such cards in the course of his or her
official duties; or
(2) any person to the extent that he she possesses  a  public  benefit
card  or  cards  issued  to  a member or members of his or her immediate
family or household with the consent of the cardholder; or
(3) any  person  providing  home  health  services  or  personal  care
services pursuant to title eleven of article five of the social services
law,  or  any  agent  or  employee  of  a congregate care or residential
treatment facility or foster care provider, to the extent  that  in  the
course of his or her duties, he or she possesses public assistance cards
issued to persons under his or her care.
(c)  The  presumption established by this subdivision is rebuttable by
evidence tending to show that the defendant did not possess such  public
benefit card or cards with intent to defraud, deceive or injure another.
In any action tried before a jury, the jury shall be so instructed.
(d) The foregoing presumption shall apply to prosecutions for criminal
possession of public benefit cards.
3. Limitation. Nothing contained in this article shall be construed to
prohibit  a recipient of public assistance benefits from pledging his or
her public assistance benefits or using his or her public  benefit  card
as collateral for a loan.