senate Bill S209A

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 - Passed Senate


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 22, 2022 referred to codes
delivered to assembly
passed senate
Jan 20, 2022 advanced to third reading
Jan 19, 2022 2nd report cal.
Jan 18, 2022 1st report cal.228
Jan 05, 2022 referred to codes
Dec 10, 2021 print number 209a
Dec 10, 2021 amend and recommit to rules
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

Jan 18, 2022 - Codes committee Vote

S209A
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

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 committee vote details

S209 - 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: S122
2011-2012: S648
2013-2014: S652
2015-2016: S4043
2017-2018: S8595
2019-2020: S1088

S209 - Summary

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

S209 - Sponsor Memo

S209 - 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

Co-Sponsors

S209A (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: S122
2011-2012: S648
2013-2014: S652
2015-2016: S4043
2017-2018: S8595
2019-2020: S1088

S209A (ACTIVE) - Summary

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

S209A (ACTIVE) - Sponsor Memo

S209A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  209--A
     Cal. No. 962
 
                        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 -- reported  favora-
   bly  from  said  committee  and committed to the Committee on Rules --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 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, 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; OR
   3. OBTAINS MEDICAL INFORMATION AND/OR HEALTH INSURANCE INFORMATION  IN
 THE NAME OF SUCH PERSON.
   4.  (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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