Bill Text: NY S02376 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Adds medical and health insurance information within the definitions of identity theft.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-05-14 - SUBSTITUTED BY A4737B [S02376 Detail]
Download: New_York-2023-S02376-Introduced.html
Bill Title: Adds medical and health insurance information within the definitions of identity theft.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-05-14 - SUBSTITUTED BY A4737B [S02376 Detail]
Download: New_York-2023-S02376-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2376 2023-2024 Regular Sessions IN SENATE January 20, 2023 ___________ 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, 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 21 subscriber identification number, any unique identifier used by a health 22 insurer to identify the individual or any information in an individual's 23 application and claims history, including, but not limited to, appeals 24 history. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01629-02-3S. 2376 2 1 Identity theft in the third degree is a class A misdemeanor. 2 § 2. Section 190.79 of the penal law, as added by chapter 619 of the 3 laws of 2002 and subdivision 4 as amended by chapter 279 of the laws 4 2008, is amended to read as follows: 5 § 190.79 Identity theft in the second degree. 6 A person is guilty of [identify] identity theft in the second degree 7 when he or she knowingly and with intent to defraud assumes the identity 8 of another person by presenting himself or herself as that other person, 9 or by acting as that other person or by using personal identifying 10 information of that other person, and thereby: 11 1. obtains goods, money, medical information, health insurance infor- 12 mation, property or services or uses credit in the name of such other 13 person in an aggregate amount that exceeds five hundred dollars; or 14 2. causes financial loss to such person or to another person or 15 persons in an aggregate amount that exceeds five hundred dollars; or 16 3. commits or attempts to commit a felony or acts as an accessory to 17 the commission of a felony; or 18 4. commits the crime of identity theft in the third degree as defined 19 in section 190.78 of this article and has been previously convicted 20 within the last five years of identity theft in the third degree as 21 defined in section 190.78, identity theft in the second degree as 22 defined in this section, identity theft in the first degree as defined 23 in section 190.80, unlawful possession of personal identification infor- 24 mation in the third degree as defined in section 190.81, unlawful 25 possession of personal identification information in the second degree 26 as defined in section 190.82, unlawful possession of personal identifi- 27 cation information in the first degree as defined in section 190.83, 28 unlawful possession of a skimmer device in the second degree as defined 29 in section 190.85, unlawful possession of a skimmer device in the first 30 degree as defined in section 190.86, grand larceny in the fourth degree 31 as defined in section 155.30, grand larceny in the third degree as 32 defined in section 155.35, grand larceny in the second degree as defined 33 in section 155.40 or grand larceny in the first degree as defined in 34 section 155.42 of this chapter. 35 5. (a) For the purposes of this section, the term "medical informa- 36 tion" means any information regarding an individual's medical history, 37 mental or physical condition, or medical treatment or diagnosis by a 38 health care professional. 39 (b) For the purposes of this section, the term "health insurance 40 information" means an individual's health insurance policy number or 41 subscriber identification number, any unique identifier used by a health 42 insurer to identify the individual or any information in an individual's 43 application and claims history, including, but not limited to, appeals 44 history. 45 Identity theft in the second degree is a class E felony. 46 § 3. Subparagraph (i) of paragraph (b) of subdivision 1 of section 47 899-aa of the general business law is amended by adding two new clauses 48 6 and 7 and two new undesignated paragraphs to read as follows: 49 (6) medical information; or 50 (7) health insurance information; or 51 For the purposes of this paragraph, "medical information" means any 52 information regarding an individual's medical history, mental or phys- 53 ical condition, or medical treatment or diagnosis by a health care 54 professional. 55 For the purposes of this paragraph, "health insurance information" 56 means an individual's health insurance policy number or subscriber iden-S. 2376 3 1 tification number, any unique identifier used by a health insurer to 2 identify the individual or any information in an individual's applica- 3 tion and claims history, including, but not limited to, appeals history. 4 § 4. Subparagraph (i) of paragraph (a) of subdivision 1 of section 208 5 of the state technology law is amended by adding two new clauses 6 and 7 6 and two new undesignated paragraphs to read as follows: 7 (6) medical information; or 8 (7) health insurance information; or 9 For the purposes of this paragraph, "medical information" means any 10 information regarding an individual's medical history, mental or phys- 11 ical condition, or medical treatment or diagnosis by a health care 12 professional. 13 For the purposes of this paragraph, "health insurance information" 14 means an individual's health insurance policy number or subscriber iden- 15 tification number, any unique identifier used by a health insurer to 16 identify the individual or any information in an individual's applica- 17 tion and claims history, including, but not limited to, appeals history. 18 § 5. This act shall take effect on the ninetieth day after it shall 19 have become a law. Effective immediately, the addition, amendment 20 and/or repeal of any rule or regulation necessary for the implementation 21 of this act on its effective date are authorized to be made and 22 completed on or before such effective date.