senate Bill S209

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2021 committed to rules
May 12, 2021 advanced to third reading
May 11, 2021 2nd report cal.
May 10, 2021 1st report cal.962
Jan 06, 2021 referred to codes

Votes

view votes

May 10, 2021 - Codes committee Vote

S209
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

S209 (ACTIVE) - Details

See Assembly Version of this Bill:
A36
Current Committee:
Senate Rules
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
2015-2016: S4043, A2115
2017-2018: S8595, A4075
2019-2020: S1088, A809

S209 (ACTIVE) - Summary

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

S209 (ACTIVE) - Sponsor Memo

S209 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    209
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. PERSAUD -- 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:
 § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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