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.