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Assembly Bill A749

2021-2022 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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2021-A749 (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
2019-2020: A1185

2021-A749 (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.

2021-A749 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    749
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. CAHILL, 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

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