2023 New York Laws › STF - State Finance › Article 13 - New York False Claims Act › 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.