Bill Text: NY S00209 | 2021-2022 | General Assembly | Amended
Bill Title: Adds medical and health insurance information within the definitions of identity theft.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2022-03-22 - referred to codes [S00209 Detail]
Download: New_York-2021-S00209-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 209--A Cal. No. 962 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sen. PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favora- bly from said committee and committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, the general business law and the state technology law, in relation to adding medical and health insurance information within the definitions of identity theft The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 190.78 of the penal law, as added by chapter 619 of 2 the laws of 2002, is amended to read as follows: 3 § 190.78 Identity theft in the third degree. 4 A person is guilty of identity theft in the third degree when he or 5 she knowingly and with intent to defraud assumes the identity of another 6 person by presenting himself or herself as that other person, or by 7 acting as that other person or by using personal identifying information 8 of that other person, and thereby: 9 1. obtains goods, money, property or services or uses credit in the 10 name of such other person or causes financial loss to such person or to 11 another person or persons; or 12 2. commits a class A misdemeanor or higher level crime; or 13 3. obtains medical information and/or health insurance information in 14 the name of such person. 15 4. (a) For the purposes of this section, the term "medical informa- 16 tion" means any information regarding an individual's medical history, 17 mental or physical condition, or medical treatment or diagnosis by a 18 health care professional. 19 (b) For the purposes of this section, the term "health insurance 20 information" means an individual's health insurance policy number or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01322-02-1S. 209--A 2 1 subscriber identification number, any unique identifier used by a health 2 insurer to identify the individual or any information in an individual's 3 application and claims history, including, but not limited to, appeals 4 history. 5 Identity theft in the third degree is a class A misdemeanor. 6 § 2. Section 190.79 of the penal law, as added by chapter 619 of the 7 laws of 2002 and subdivision 4 as amended by chapter 279 of the laws 8 2008, is amended to read as follows: 9 § 190.79 Identity theft in the second degree. 10 A person is guilty of identify theft in the second degree when he or 11 she knowingly and with intent to defraud assumes the identity of another 12 person by presenting himself or herself as that other person, or by 13 acting as that other person or by using personal identifying information 14 of that other person, and thereby: 15 1. obtains goods, money, medical information, health insurance infor- 16 mation, property or services or uses credit in the name of such other 17 person in an aggregate amount that exceeds five hundred dollars; or 18 2. causes financial loss to such person or to another person or 19 persons in an aggregate amount that exceeds five hundred dollars; or 20 3. commits or attempts to commit a felony or acts as an accessory to 21 the commission of a felony; or 22 4. commits the crime of identity theft in the third degree as defined 23 in section 190.78 of this article and has been previously convicted 24 within the last five years of identity theft in the third degree as 25 defined in section 190.78, identity theft in the second degree as 26 defined in this section, identity theft in the first degree as defined 27 in section 190.80, unlawful possession of personal identification infor- 28 mation in the third degree as defined in section 190.81, unlawful 29 possession of personal identification information in the second degree 30 as defined in section 190.82, unlawful possession of personal identifi- 31 cation information in the first degree as defined in section 190.83, 32 unlawful possession of a skimmer device in the second degree as defined 33 in section 190.85, unlawful possession of a skimmer device in the first 34 degree as defined in section 190.86, grand larceny in the fourth degree 35 as defined in section 155.30, grand larceny in the third degree as 36 defined in section 155.35, grand larceny in the second degree as defined 37 in section 155.40 or grand larceny in the first degree as defined in 38 section 155.42 of this chapter. 39 5. (a) For the purposes of this section, the term "medical informa- 40 tion" means any information regarding an individual's medical history, 41 mental or physical condition, or medical treatment or diagnosis by a 42 health care professional. 43 (b) For the purposes of this section, the term "health insurance 44 information" means an individual's health insurance policy number or 45 subscriber identification number, any unique identifier used by a health 46 insurer to identify the individual or any information in an individual's 47 application and claims history, including, but not limited to, appeals 48 history. 49 Identity theft in the second degree is a class E felony. 50 § 3. Subparagraph (i) of paragraph (b) of subdivision 1 of section 51 899-aa of the general business law is amended by adding two new clauses 52 6 and 7 and two new closing paragraphs to read as follows: 53 (6) medical information; or 54 (7) health insurance information; or 55 For the purposes of this paragraph, "medical information" means any 56 information regarding an individual's medical history, mental or phys-S. 209--A 3 1 ical condition, or medical treatment or diagnosis by a health care 2 professional. 3 For the purposes of this paragraph, "health insurance information" 4 means an individual's health insurance policy number or subscriber iden- 5 tification number, any unique identifier used by a health insurer to 6 identify the individual or any information in an individual's applica- 7 tion and claims history, including, but not limited to, appeals history. 8 § 4. Subparagraph (i) of paragraph (a) of subdivision 1 of section 208 9 of the state technology law is amended by adding two new clauses 6 and 7 10 and two new closing paragraphs to read as follows: 11 (6) medical information; or 12 (7) health insurance information; or 13 For the purposes of this paragraph, "medical information" means any 14 information regarding an individual's medical history, mental or phys- 15 ical condition, or medical treatment or diagnosis by a health care 16 professional. 17 For the purposes of this paragraph, "health insurance information" 18 means an individual's health insurance policy number or subscriber iden- 19 tification number, any unique identifier used by a health insurer to 20 identify the individual or any information in an individual's applica- 21 tion and claims history, including, but not limited to, appeals history. 22 § 5. This act shall take effect on the ninetieth day after it shall 23 have become a law. Effective immediately, the addition, amendment and/or 24 repeal of any rule or regulation necessary for the implementation of 25 this act on its effective date are authorized and directed to be made 26 and completed on or before such effective date.
