Assembly Bill A1185

2019-2020 Legislative Session

Relates to clarifying that continuing care retirement communities are not subject to certain cybersecurity regulations

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A1185 (ACTIVE) - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §1119, Ins L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10486
2021-2022: A749

2019-A1185 (ACTIVE) - Summary

Authorizes continuing care retirement communities to adopt a written cybersecurity policy and requires such policies to be self-certified and approved by the superintendent.

2019-A1185 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1185
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced by M. of A. CAHILL, LIFTON, LUPARDO -- read once and referred
   to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to authorizing continuing
   care retirement communities to adopt a written cybersecurity policy
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1119 of the insurance law is amended  by  adding  a
 new subsection (d) to read as follows:
   (D) SUCH ORGANIZATION MAY ADOPT A WRITTEN CYBERSECURITY POLICY THAT IS
 DESIGNED  TO  PROTECT  THE  CONFIDENTIALITY,  INTEGRITY  AND SECURITY OF
 NONPUBLIC INFORMATION AND IS IN COMPLIANCE WITH: (I) THE HEALTH INFORMA-
 TION TECHNOLOGY FOR ECONOMIC AND CLINICAL  HEALTH  ACT  ("HITECH"),  THE
 HEALTH  INSURANCE  PORTABILITY  AND  ACCOUNTABILITY  ACT  ("HIPAA"), THE
 GRAMM-LEACH-BLILEY ACT; AND (II) ALL OTHER APPLICABLE CYBERSECURITY  AND
 PRIVACY  PROTECTIONS  GOVERNING NURSING HOMES, ADULT CARE FACILITIES AND
 ASSISTED LIVING RESIDENCES TO THE EXTENT THE  PROTECTIONS  GOVERN  THOSE
 COMPONENTS  OF  SUCH ORGANIZATION'S OPERATIONS. THE CYBERSECURITY POLICY
 SHALL BE SELF-CERTIFIED BY SUCH  ORGANIZATION  AND  SUCH  SELF-CERTIFIED
 CYBERSECURITY  POLICY SHALL BE FILED WITH THE SUPERINTENDENT.  THE SELF-
 CERTIFICATION  SHALL  ATTEST  THAT  THE   POLICY   PROVIDES   SUFFICIENT
 PROTECTIONS OF NONPUBLIC INFORMATION IN A MANNER WHICH IS NOT INCONSIST-
 ENT  WITH  THE  GOALS OF THE CYBERSECURITY POLICIES ADOPTED BY FINANCIAL
 SERVICES COMPANIES PURSUANT TO REGULATIONS  PROMULGATED  BY  THE  SUPER-
 INTENDENT.  SUCH  SELF-CERTIFICATION SHALL BE DEEMED COMPLIANT WITH SUCH
 REGULATIONS APPLICABLE TO FINANCIAL SERVICES COMPANIES. THE  SUPERINTEN-
 DENT  SHALL  REVIEW  THE ACCURACY AND REASONABLENESS OF THE ATTESTATION.
 UNLESS THE SUPERINTENDENT OBJECTS TO THE ATTESTATION WITHIN  SIXTY  DAYS
 FROM  THE  DATE  IT  IS  SUBMITTED,  SUCH  ATTESTATION  SHALL  BE DEEMED
 APPROVED.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05987-01-9
              

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