Senate Bill S2376A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2376
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 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, 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
              

 S. 2376                             2
 
   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] IDENTITY 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 undesignated 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-
 S. 2376                             3
 
 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 undesignated 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  to be made and
 completed on or before such effective date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2376--B
     Cal. No. 731
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes  --  recommitted  to
   the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to said committee -- reported favorably from said commit-
   tee, ordered to first and second report, ordered to a  third  reading,
   passed  by Senate and delivered to the Assembly, recalled, vote recon-
   sidered, restored to third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 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.
                                                            LBD01629-09-4
 S. 2376--B                          2
 
 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.
   Identity theft in the third degree is a class A misdemeanor.
   §  3.  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  of
 2008, is amended to read as follows:
 § 190.79 Identity theft in the second degree.
   A  person  is guilty of [identify] IDENTITY theft in the second degree
 when [he or she] SUCH  PERSON  knowingly  and  with  intent  to  defraud
 assumes  the  identity  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
 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.
   Identity theft in the second degree is a class E felony.
   § 4.  Section 190.80 of the penal law, as added by chapter 619 of  the
 laws  of  2002,  subdivision  4 as amended by chapter 279 of the laws of
 2008, is amended to read as follows:
 § 190.80 Identity theft in the first degree.
   A person is guilty of identity theft in the first 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
 person in an aggregate amount that exceeds two thousand dollars; or
   2. causes financial loss to  such  person  or  to  another  person  or
 persons in an aggregate amount that exceeds two thousand dollars; or
   3.  commits  or  attempts  to  commit a class D felony or higher level
 crime or acts as an accessory in the commission of a class D  or  higher
 level felony; or
 S. 2376--B                          3
 
   4. commits the crime of identity theft in the second degree as defined
 in  section  190.79  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 section 190.79, identity theft in the first degree as defined
 in this section, unlawful possession of personal identification informa-
 tion  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.
   Identity theft in the first degree is a class D felony.
   § 5. Paragraph (b) of subdivision 1 of section 899-aa of  the  general
 business  law  is  amended by adding two new undesignated paragraphs and
 subparagraph (i) of such paragraph is amended by adding two new  clauses
 6 and 7 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.
   §  6. Paragraph (a) of subdivision 1 of section 208 of the state tech-
 nology law is amended by adding  two  new  undesignated  paragraphs  and
 subparagraph  (i) of such paragraph is amended by adding two new clauses
 6 and 7 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.
   § 7. 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  to  be  made  and
 completed on or before such effective date.