Section 366-B. Penalties for fraudulent practices

1.   Any person who
  knowingly  makes  a  false  statement  or  representation,  or  who   by
  deliberate  concealment  of  any  material  fact, or by impersonation or
  other fraudulent device, obtains or attempts to obtain or aids or  abets
  any  person  to  obtain  medical assistance to which he is not entitled,
  shall be guilty of a class A misdemeanor, unless such act constitutes  a
  violation  of  a provision of the penal law of the state of New York, in
  which case he shall be punished in accordance with the  penalties  fixed
  by such law.
    2.   Any person who, with intent to defraud, presents for allowance or
  payment any  false  or  fraudulent  claim  for  furnishing  services  or
  merchandise,  or  knowingly submits false information for the purpose of
  obtaining greater compensation than that to which he is legally entitled
  for furnishing services  or  merchandise,  or  knowingly  submits  false
  information  for  the  purpose of obtaining authorization for furnishing
  services or merchandise under this title, shall be guilty of a  class  A
  misdemeanor,  unless  such act constitutes a violation of a provision of
  the penal law of the state of New  York,  in  which  case  he  shall  be
  punished in accordance with the penalties fixed by such law.