Bill Text: NY S01088 | 2019-2020 | General Assembly | Introduced
Bill Title: Adds medical and health insurance information within the definitions of identity theft.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S01088 Detail]
Download: New_York-2019-S01088-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1088 2019-2020 Regular Sessions IN SENATE January 10, 2019 ___________ Introduced by Sen. PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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, medical information, health insurance infor- 10 mation, property or services or uses credit in the name of such other 11 person or causes financial loss to such person or to another person or 12 persons; or 13 2. commits a class A misdemeanor or higher level crime. 14 3. (a) For the purposes of this section, the term "medical informa- 15 tion" means any information regarding an individual's medical history, 16 mental or physical condition, or medical treatment or diagnosis by a 17 health care professional. 18 (b) For the purposes of this section, the term "health insurance 19 information" means an individual's health insurance policy number or 20 subscriber identification number, any unique identifier used by a health 21 insurer to identify the individual or any information in an individual's 22 application and claims history, including, but not limited to, appeals 23 history. 24 Identity theft in the third degree is a class A misdemeanor. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00861-01-9S. 1088 2 1 § 2. Section 190.79 of the penal law, as added by chapter 619 of the 2 laws of 2002 and subdivision 4 as amended by chapter 279 of the laws 3 2008, is amended to read as follows: 4 § 190.79 Identity theft in the second degree. 5 A person is guilty of identify theft in the second degree when he or 6 she knowingly and with intent to defraud assumes the identity of another 7 person by presenting himself or herself as that other person, or by 8 acting as that other person or by using personal identifying information 9 of that other person, and thereby: 10 1. obtains goods, money, medical information, health insurance infor- 11 mation, property or services or uses credit in the name of such other 12 person in an aggregate amount that exceeds five hundred dollars; or 13 2. causes financial loss to such person or to another person or 14 persons in an aggregate amount that exceeds five hundred dollars; or 15 3. commits or attempts to commit a felony or acts as an accessory to 16 the commission of a felony; or 17 4. commits the crime of identity theft in the third degree as defined 18 in section 190.78 of this article and has been previously convicted 19 within the last five years of identity theft in the third degree as 20 defined in section 190.78, identity theft in the second degree as 21 defined in this section, identity theft in the first degree as defined 22 in section 190.80, unlawful possession of personal identification infor- 23 mation in the third degree as defined in section 190.81, unlawful 24 possession of personal identification information in the second degree 25 as defined in section 190.82, unlawful possession of personal identifi- 26 cation information in the first degree as defined in section 190.83, 27 unlawful possession of a skimmer device in the second degree as defined 28 in section 190.85, unlawful possession of a skimmer device in the first 29 degree as defined in section 190.86, grand larceny in the fourth degree 30 as defined in section 155.30, grand larceny in the third degree as 31 defined in section 155.35, grand larceny in the second degree as defined 32 in section 155.40 or grand larceny in the first degree as defined in 33 section 155.42 of this chapter. 34 5. (a) For the purposes of this section, the term "medical informa- 35 tion" means any information regarding an individual's medical history, 36 mental or physical condition, or medical treatment or diagnosis by a 37 health care professional. 38 (b) For the purposes of this section, the term "health insurance 39 information" means an individual's health insurance policy number or 40 subscriber identification number, any unique identifier used by a health 41 insurer to identify the individual or any information in an individual's 42 application and claims history, including, but not limited to, appeals 43 history. 44 Identity theft in the second degree is a class E felony. 45 § 3. Subparagraph 3 of paragraph (b) of subdivision 1 of section 899- 46 aa of the general business law, as added by chapter 442 of the laws of 47 2005, is amended and two new subparagraphs 4 and 5 and two new closing 48 paragraphs are added to read as follows: 49 (3) account number, credit or debit card number, in combination with 50 any required security code, access code, or password that would permit 51 access to an individual's financial account; or 52 (4) medical information; or 53 (5) health insurance information; 54 For the purposes of this paragraph, "medical information" means any 55 information regarding an individual's medical history, mental or phys-S. 1088 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 3 of paragraph (a) of subdivision 1 of section 208 9 of the state technology law, as added by chapter 442 of the laws of 10 2005, is amended and two new subparagraphs 4 and 5 and two new closing 11 paragraphs are added to read as follows: 12 (3) account number, credit or debit card number, in combination with 13 any required security code, access code, or password which would permit 14 access to an individual's financial account[.]; or 15 (4) medical information; or 16 (5) health insurance information. 17 For the purposes of this paragraph, "medical information" means any 18 information regarding an individual's medical history, mental or phys- 19 ical condition, or medical treatment or diagnosis by a health care 20 professional. 21 For the purposes of this paragraph, "health insurance information" 22 means an individual's health insurance policy number or subscriber iden- 23 tification number, any unique identifier used by a health insurer to 24 identify the individual or any information in an individual's applica- 25 tion and claims history, including, but not limited to, appeals history. 26 § 5. This act shall take effect on the ninetieth day after it shall 27 have become a law. Effective immediately, the addition, amendment and/or 28 repeal of any rule or regulation necessary for the implementation of 29 this act on its effective date are authorized and directed to be made 30 and completed on or before such effective date.
