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
              

                       [ ] is old law to be omitted.
                                                            LBD01322-02-1
 S. 209--A                           2
 
 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.
   Identity theft in the third degree is a class A misdemeanor.
   §  2.  Section 190.79 of the penal law, as added by chapter 619 of the
 laws of 2002 and subdivision 4 as amended by chapter  279  of  the  laws
 2008, is amended to read as follows:
 § 190.79 Identity theft in the second degree.
   A  person  is guilty of identify theft in the second 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 in an aggregate amount that exceeds five hundred dollars; or
   2.  causes  financial  loss  to  such  person  or to another person or
 persons in an aggregate amount that exceeds five hundred dollars; or
   3. commits or attempts to commit a felony or acts as an  accessory  to
 the commission of a felony; or
   4.  commits the crime of identity theft in the third degree as defined
 in section 190.78 of this article  and  has  been  previously  convicted
 within  the  last  five  years  of identity theft in the third degree as
 defined in section 190.78,  identity  theft  in  the  second  degree  as
 defined  in  this section, identity theft in the first degree as defined
 in section 190.80, unlawful possession of personal identification infor-
 mation in the third  degree  as  defined  in  section  190.81,  unlawful
 possession  of  personal identification information in the second degree
 as defined in section 190.82, unlawful possession of personal  identifi-
 cation  information  in  the  first degree as defined in section 190.83,
 unlawful possession of a skimmer device in the second degree as  defined
 in  section 190.85, unlawful possession of a skimmer device in the first
 degree as defined in section 190.86, grand larceny in the fourth  degree
 as  defined  in  section  155.30,  grand  larceny in the third degree as
 defined in section 155.35, grand larceny in the second degree as defined
 in section 155.40 or grand larceny in the first  degree  as  defined  in
 section 155.42 of this chapter.
   5.    (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.
   Identity theft in the second degree is a class E felony.
   §  3.  Subparagraph  (i)  of paragraph (b) of subdivision 1 of section
 899-aa of the general business law is amended by adding two new  clauses
 6 and 7 and two new closing paragraphs to read as follows:
   (6) MEDICAL INFORMATION; OR
   (7) HEALTH INSURANCE INFORMATION; OR
   FOR  THE  PURPOSES  OF THIS PARAGRAPH, "MEDICAL INFORMATION" MEANS ANY
 INFORMATION REGARDING AN INDIVIDUAL'S MEDICAL HISTORY, MENTAL  OR  PHYS-
 S. 209--A                           3
 
 ICAL  CONDITION,  OR  MEDICAL  TREATMENT  OR  DIAGNOSIS BY A HEALTH CARE
 PROFESSIONAL.
   FOR  THE  PURPOSES  OF  THIS PARAGRAPH, "HEALTH INSURANCE INFORMATION"
 MEANS AN INDIVIDUAL'S HEALTH INSURANCE POLICY NUMBER OR SUBSCRIBER IDEN-
 TIFICATION NUMBER, ANY UNIQUE IDENTIFIER USED BY  A  HEALTH  INSURER  TO
 IDENTIFY  THE  INDIVIDUAL OR ANY INFORMATION IN AN INDIVIDUAL'S APPLICA-
 TION AND CLAIMS HISTORY, INCLUDING, BUT NOT LIMITED TO, APPEALS HISTORY.
   § 4. Subparagraph (i) of paragraph (a) of subdivision 1 of section 208
 of the state technology law is amended by adding two new clauses 6 and 7
 and two new closing paragraphs to read as follows:
   (6) MEDICAL INFORMATION; OR
   (7) HEALTH INSURANCE INFORMATION; OR
   FOR THE PURPOSES OF THIS PARAGRAPH, "MEDICAL  INFORMATION"  MEANS  ANY
 INFORMATION  REGARDING  AN INDIVIDUAL'S MEDICAL HISTORY, MENTAL OR PHYS-
 ICAL CONDITION, OR MEDICAL TREATMENT  OR  DIAGNOSIS  BY  A  HEALTH  CARE
 PROFESSIONAL.
   FOR  THE  PURPOSES  OF  THIS PARAGRAPH, "HEALTH INSURANCE INFORMATION"
 MEANS AN INDIVIDUAL'S HEALTH INSURANCE POLICY NUMBER OR SUBSCRIBER IDEN-
 TIFICATION NUMBER, ANY UNIQUE IDENTIFIER USED BY  A  HEALTH  INSURER  TO
 IDENTIFY  THE  INDIVIDUAL OR ANY INFORMATION IN AN INDIVIDUAL'S APPLICA-
 TION AND CLAIMS HISTORY, INCLUDING, BUT NOT LIMITED TO, APPEALS HISTORY.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized and directed  to  be  made
 and completed on or before such effective date.