senate Bill S4043

2015-2016 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 26, 2015 referred to codes

S4043 (ACTIVE) - Details

See Assembly Version of this Bill:
A2115
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§190.78 & 190.79, Pen L; amd §899-aa, Gen Bus L; amd §208, St Tech L
Versions Introduced in Other Legislative Sessions:
2009-2010: S122, A6291
2011-2012: S648, A1050, A8890
2013-2014: S652, A2249
2017-2018: S8595, A4075
2019-2020: S1088, A809

S4043 (ACTIVE) - Summary

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

S4043 (ACTIVE) - Sponsor Memo

S4043 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4043

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 26, 2015
                               ___________

Introduced  by  Sen. SAMPSON -- 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:

  Section 1. Section 190.78 of the penal law, as added by chapter 619 of
the laws of 2002, is amended to read as follows:
S 190.78 Identity theft in the third degree.
  A  person  is  guilty of identity theft in the third degree when he or
she knowingly and with intent to defraud assumes the identity of another
person by presenting himself or herself as  that  other  person,  or  by
acting as that other person or by using personal identifying information
of that other person, and thereby:
  1.  obtains goods, money, MEDICAL INFORMATION, HEALTH INSURANCE INFOR-
MATION, property or services or uses credit in the name  of  such  other
person  or  causes financial loss to such person or to another person or
persons; or
  2. commits a class A misdemeanor or higher level crime.
  3. (A) FOR THE PURPOSES OF THIS SECTION, THE  TERM  "MEDICAL  INFORMA-
TION"  MEANS  ANY INFORMATION REGARDING AN INDIVIDUAL'S MEDICAL HISTORY,
MENTAL OR PHYSICAL CONDITION, OR MEDICAL TREATMENT  OR  DIAGNOSIS  BY  A
HEALTH CARE PROFESSIONAL.
  (B)  FOR  THE  PURPOSES  OF  THIS  SECTION, THE TERM "HEALTH INSURANCE
INFORMATION" MEANS 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.
  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.
                                                           LBD04472-01-5

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