senate Bill S122

Adds medical and health insurance information within the definitions of identity theft

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 07 / Jan / 2009
    • REFERRED TO CODES
  • 06 / Jan / 2010
    • REFERRED TO CODES

Summary

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A6291
Versions:
S122
Legislative Cycle:
2009-2010
Current Committee:
Senate Codes
Law Section:
Penal Law

Sponsor Memo

BILL NUMBER: S122

TITLE OF BILL :
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


PURPOSE :
This bill intends to protect individuals from medical identity theft
by including medical and health insurance information within the
definition of identity theft.

SUMMARY OF PROVISIONS :
Adds medical information and health information to the definition of
identity theft in Section 190.78-79 of the penal law, Section 899-aa
of the general business law, and Section 208 of the state technology
law.

Defines medical information to mean "any information regarding an
individual medical history, mental or physical condition, or medical
treatment of diagnosis by a health care professional."

Defines health insurance information to mean "an individual's health
insurance policy number or subscriber identification number, any
unique identifier used by a health insurer to identify the individual
or any information in an individual's application and claims history,
including, but not limited to, appeals history.

JUSTIFICATION :
According to the World Privacy Forum (WPF) in 2006, medical identity
theft accounts for approximately 3 percent of total ID theft, which is
reported to be the fastest-growing crime over the last seven years.
Criminals now pay upwards to $50 for a stolen medical ID, in
Comparison to $1 for a social security number. Victims of medical
identity are left with few avenues for assistance as compared to
regular ID theft, partially due to the lack of knowledge regarding
this crime.

Stolen items typically include patient records, documents on insurance
benefits, and passwords to medical servers. Whether it is a physician
identification number or patient identification information that is
stolen, medical identity theft is a serious problem, estimated to
effect 250,000-500,000 individuals per year.

Little assistance is provided for victims under the Health Insurance
Portability and Accountability Act (HIPAA). Rather, the rigidness of
HIPPAA can create difficulties for victims trying to fix files that
have been altered by, identity thieves. For example, medications,
allergies and Surgeries fraudulently billed in the name of the victim
become permanent records that are hard to correct.

In addition to the hardship on patients, medical identify theft is a
costly burden on the healthcare system. According to the National
Health Care Anti-Fraud Association, of the $60 billion dollars in
health care fraud each year, 1 percent, or $6 billion per year is
attributed to medical identity.

LEGISLATIVE HISTORY :
S.7253 of 2008 03/24/08 Referred to Codes

FISCAL IMPLICATIONS :
Unknown.

EFFECTIVE DATE :
This bill would take effect on the 90th day after it shall have become
a law.
view bill text
The Bill text is not available.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.