Assembly Bill A36

2021-2022 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 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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2021-A36 (ACTIVE) - Details

Current Committee:
Assembly 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: A6291
2011-2012: A1050, A8890
2013-2014: A2249
2015-2016: A2115
2017-2018: A4075
2019-2020: A809

2021-A36 (ACTIVE) - Summary

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

2021-A36 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    36
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A. QUART, WEPRIN, BENEDETTO, GUNTHER, SEAWRIGHT,
   LAVINE, COLTON, ABBATE, GOTTFRIED, REYES -- Multi-Sponsored by  --  M.
   of A. GALEF -- read once and referred 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:
 § 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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