Assembly Bill A4737B

2023-2024 Legislative Session

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

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Current Bill Status - Passed Senate & Assembly


  • 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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Bill Amendments

2023-A4737 - Details

See Senate Version of this Bill:
S2376
Law Section:
Penal Law
Laws Affected:
Amd §§190.77 - 190.80, 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
2021-2022: S209

2023-A4737 - Summary

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

2023-A4737 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4737
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced by M. of A. LAVINE -- 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, 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
 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
                       [ ] is old law to be omitted.
                                                            LBD01629-02-3
              

2023-A4737A - Details

See Senate Version of this Bill:
S2376
Law Section:
Penal Law
Laws Affected:
Amd §§190.77 - 190.80, 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
2021-2022: S209

2023-A4737A - Summary

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

2023-A4737A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4737--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on  Codes  -- recommitted to the Committee on Codes in accordance with
   Assembly Rule 3, sec. 2 -- 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.    Subdivision  2  of  section  190.77 of the penal law is
 amended by adding two new paragraphs d and e to read as follows:
   D. "MEDICAL INFORMATION" MEANS ANY INFORMATION REGARDING  AN  INDIVID-
 UAL'S  MEDICAL  HISTORY, MENTAL OR PHYSICAL CONDITION, OR MEDICAL TREAT-
 MENT OR DIAGNOSIS BY A HEALTH CARE PROFESSIONAL.
   E. "HEALTH INSURANCE INFORMATION" MEANS AN INDIVIDUAL'S HEALTH  INSUR-
 ANCE POLICY NUMBER OR SUBSCRIBER IDENTIFICATION NUMBER, ANY UNIQUE IDEN-
 TIFIER USED BY A HEALTH INSURER TO IDENTIFY THE INDIVIDUAL OR ANY INFOR-
 MATION IN AN INDIVIDUAL'S APPLICATION AND CLAIMS HISTORY, INCLUDING, BUT
 NOT LIMITED TO, APPEALS HISTORY.
   §  2.  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]  SUCH PERSON knowingly and with intent to defraud assumes the iden-
 tity of another person by presenting [himself or  herself]  THEMSELF  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01629-06-4
              

2023-A4737B (ACTIVE) - Details

See Senate Version of this Bill:
S2376
Law Section:
Penal Law
Laws Affected:
Amd §§190.77 - 190.80, 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
2021-2022: S209

2023-A4737B (ACTIVE) - Summary

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

2023-A4737B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4737--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on  Codes  -- recommitted to the Committee on Codes in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended  and  recommitted  to  said  committee  --  again
   reported  from  said  committee  with amendments, 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.    Subdivision  2  of  section  190.77 of the penal law is
 amended by adding two new paragraphs d and e to read as follows:
   D. "MEDICAL INFORMATION" MEANS ANY INFORMATION REGARDING  AN  INDIVID-
 UAL'S  MEDICAL  HISTORY, MENTAL OR PHYSICAL CONDITION, OR MEDICAL TREAT-
 MENT OR DIAGNOSIS BY A HEALTH CARE PROFESSIONAL.
   E. "HEALTH INSURANCE INFORMATION" MEANS AN INDIVIDUAL'S HEALTH  INSUR-
 ANCE POLICY NUMBER OR SUBSCRIBER IDENTIFICATION NUMBER, ANY UNIQUE IDEN-
 TIFIER USED BY A HEALTH INSURER TO IDENTIFY THE INDIVIDUAL OR ANY INFOR-
 MATION IN AN INDIVIDUAL'S APPLICATION AND CLAIMS HISTORY, INCLUDING, BUT
 NOT LIMITED TO, APPEALS HISTORY.
   §  2.  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]  SUCH PERSON knowingly and with intent to defraud assumes the iden-
 tity of another person by presenting [himself or  herself]  THEMSELF  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01629-08-4
              

2023-A4737C (ACTIVE) - Details

See Senate Version of this Bill:
S2376
Law Section:
Penal Law
Laws Affected:
Amd §§190.77 - 190.80, 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
2021-2022: S209

2023-A4737C (ACTIVE) - Summary

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

2023-A4737C (ACTIVE) - Bill Text download pdf

                            

              

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