S T A T E O F N E W Y O R K
________________________________________________________________________
9081
I N A S S E M B L Y
January 20, 2012
___________
Introduced by M. of A. N. RIVERA -- read once and referred to the
Committee on Insurance
AN ACT to amend the insurance law, in relation to establishing a health
insurance anti-fraud and patient identification program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The insurance law is amended by adding a new section 4242
to read as follows:
S 4242. HEALTH INSURANCE ANTI-FRAUD AND PATIENT IDENTIFICATION
PROGRAM. 1. THE SUPERINTENDENT SHALL IMPLEMENT A HEALTH INSURANCE ANTI-
FRAUD AND PATIENT IDENTIFICATION PROGRAM, WHICH SHALL REQUIRE HEALTH
CARE INSURANCE COMPANIES TO UTILIZE BIOMETRIC TECHNOLOGY TO ACCURATELY
IDENTIFY POLICY HOLDERS OR ANY PERSONS COVERED UNDER A POLICY HOLDER'S
HEALTH INSURANCE POLICY.
2. SUCH PROGRAM SHALL REQUIRE HEALTH INSURANCE COMPANIES TO ISSUE
HEALTH INSURANCE SMART CARDS NO LATER THAN JULY FIRST, TWO THOUSAND
FOURTEEN. SUCH CARD SHALL BE REQUIRED TO BE PRESENTED TO EACH MEDICAL
FACILITY OR PHARMACY TO PROVE A PERSON'S IDENTIFY PRIOR TO RECEIVING
HEALTH CARE SERVICES OR MEDICATION.
3. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "BIOMETRIC TECHNOLOGY" SHALL MEAN TECHNOLOGY THAT MEASURES AND
ANALYZES BIOLOGICAL DATA, INCLUDING HUMAN BODY CHARACTERISTICS, SUCH AS
DNA, FINGERPRINTS, VASCULAR PATTERNS, EYE RETINAS AND IRISES, VOICE
PATTERNS, FACIAL PATTERNS AND HAND MEASUREMENTS, FOR AUTHENTICATION
PURPOSES.
(B) "SMART CARD" SHALL MEAN AN IDENTIFICATION CARD UTILIZATION BIOME-
TRIC TECHNOLOGY.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however that the superintendent of insur-
ance is hereby authorized to promulgate all rules and regulations and
take any other measures necessary to implement this act on its effective
date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13678-01-1