Bill Text: NY S02376 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2376--A

                               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  --  recommitted  to
          the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
          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.   Subdivision 2 of section  190.77  of  the  penal  law  is
     2  amended by adding two new paragraphs d and e to read as follows:
     3    d.  "medical  information" means any information regarding an individ-
     4  ual's medical history, mental or physical condition, or  medical  treat-
     5  ment or diagnosis by a health care professional.
     6    e.  "health insurance information" means an individual's health insur-
     7  ance policy number or subscriber identification number, any unique iden-
     8  tifier used by a health insurer to identify the individual or any infor-
     9  mation in an individual's application and claims history, including, but
    10  not limited to, appeals history.
    11    § 2. Section 190.78 of the penal law, as added by chapter 619  of  the
    12  laws of 2002, is amended to read as follows:
    13  § 190.78 Identity theft in the third degree.
    14    A  person  is guilty of identity theft in the third degree when [he or
    15  she] such person knowingly and with intent to defraud assumes the  iden-
    16  tity  of  another  person by presenting [himself or herself] themself as
    17  that other person, or by  acting  as  that  other  person  or  by  using
    18  personal identifying information of that other person, and thereby:
    19    1.  obtains  goods,  money, property or services or uses credit in the
    20  name of such other person or causes financial loss to such person or  to
    21  another person or persons; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01629-07-4
        S. 2376--A                          2

     1    2. commits a class A misdemeanor or higher level crime; or
     2    3.  obtains medical information and/or health insurance information in
     3  the name of such person.
     4    Identity theft in the third degree is a class A misdemeanor.
     5    § 3. Section 190.79 of the penal law, as added by chapter 619  of  the
     6  laws  of 2002 and subdivision 4 as amended by chapter 279 of the laws of
     7  2008, is amended to read as follows:
     8  § 190.79 Identity theft in the second degree.
     9    A person is guilty of [identify] identity theft in the  second  degree
    10  when  [he  or  she]  such  person  knowingly  and with intent to defraud
    11  assumes the  identity  of  another  person  by  presenting  [himself  or
    12  herself]  themself  as  that  other  person,  or by acting as that other
    13  person or by  using  personal  identifying  information  of  that  other
    14  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    Identity theft in the second degree is a class E felony.
    40    §  4.  Section 190.80 of the penal law, as added by chapter 619 of the
    41  laws of 2002, subdivision 4 as amended by chapter 279  of  the  laws  of
    42  2008, is amended to read as follows:
    43  § 190.80 Identity theft in the first degree.
    44    A  person  is guilty of identity theft in the first degree when [he or
    45  she] such person knowingly and with intent to defraud assumes the  iden-
    46  tity  of  another  person by presenting [himself or herself] themself as
    47  that other person, or by  acting  as  that  other  person  or  by  using
    48  personal identifying information of that other person, and thereby:
    49    1.  obtains goods, money, medical information, health insurance infor-
    50  mation, property or services or uses credit in the name  of  such  other
    51  person in an aggregate amount that exceeds two thousand dollars; or
    52    2.  causes  financial  loss  to  such  person  or to another person or
    53  persons in an aggregate amount that exceeds two thousand dollars; or
    54    3. commits or attempts to commit a class  D  felony  or  higher  level
    55  crime  or  acts as an accessory in the commission of a class D or higher
    56  level felony; or
        S. 2376--A                          3

     1    4. commits the crime of identity theft in the second degree as defined
     2  in section 190.79 of this article  and  has  been  previously  convicted
     3  within  the  last  five  years  of identity theft in the third degree as
     4  defined in section 190.78,  identity  theft  in  the  second  degree  as
     5  defined in section 190.79, identity theft in the first degree as defined
     6  in this section, unlawful possession of personal identification informa-
     7  tion  in  the  third  degree  as  defined  in  section  190.81, unlawful
     8  possession of personal identification information in the  second  degree
     9  as  defined in section 190.82, unlawful possession of personal identifi-
    10  cation information in the first degree as  defined  in  section  190.83,
    11  unlawful  possession of a skimmer device in the second degree as defined
    12  in section 190.85, unlawful possession of a skimmer device in the  first
    13  degree  as defined in section 190.86, grand larceny in the fourth degree
    14  as defined in section 155.30, grand  larceny  in  the  third  degree  as
    15  defined in section 155.35, grand larceny in the second degree as defined
    16  in  section  155.40  or  grand larceny in the first degree as defined in
    17  section 155.42 of this chapter.
    18    Identity theft in the first degree is a class D felony.
    19    § 5. Paragraph (b) of subdivision 1 of section 899-aa of  the  general
    20  business  law  is  amended by adding two new undesignated paragraphs and
    21  subparagraph (i) of such paragraph is amended by adding two new  clauses
    22  6 and 7 to read as follows:
    23    (6) medical information; or
    24    (7) health insurance information; or
    25    For  the  purposes  of this paragraph, "medical information" means any
    26  information regarding an individual's medical history, mental  or  phys-
    27  ical  condition,  or  medical  treatment  or  diagnosis by a health care
    28  professional.
    29    For the purposes of this  paragraph,  "health  insurance  information"
    30  means an individual's health insurance policy number or subscriber iden-
    31  tification  number,  any  unique  identifier used by a health insurer to
    32  identify the individual or any information in an  individual's  applica-
    33  tion and claims history, including, but not limited to, appeals history.
    34    §  6. Paragraph (a) of subdivision 1 of section 208 of the state tech-
    35  nology law is amended by adding  two  new  undesignated  paragraphs  and
    36  subparagraph  (i) of such paragraph is amended by adding two new clauses
    37  6 and 7 to read as follows:
    38    (6) medical information; or
    39    (7) health insurance information; or
    40    For the purposes of this paragraph, "medical  information"  means  any
    41  information  regarding  an individual's medical history, mental or phys-
    42  ical condition, or medical treatment  or  diagnosis  by  a  health  care
    43  professional.
    44    For  the  purposes  of  this paragraph, "health insurance information"
    45  means an individual's health insurance policy number or subscriber iden-
    46  tification number, any unique identifier used by  a  health  insurer  to
    47  identify  the  individual or any information in an individual's applica-
    48  tion and claims history, including, but not limited to, appeals history.
    49    § 7. This act shall take effect on the ninetieth day  after  it  shall
    50  have  become  a  law.    Effective  immediately, the addition, amendment
    51  and/or repeal of any rule or regulation necessary for the implementation
    52  of this act on  its  effective  date  are  authorized  to  be  made  and
    53  completed on or before such effective date.