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SB1088 Summary:

BILL NOS01088
 
SAME ASSAME AS A00809
 
SPONSORPERSAUD
 
COSPNSR
 
MLTSPNSR
 
Amd 190.78 & 190.79, Pen L; amd 899-aa, Gen Bus L; amd 208, St Tech L
 
Adds medical and health insurance information within the definitions of identity theft.
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SB1088 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1088
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 10, 2019
                                       ___________
 
        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:
 
     1    Section 1. Section 190.78 of the penal law, as added by chapter 619 of
     2  the laws of 2002, is amended to read as follows:
     3  § 190.78 Identity theft in the third degree.
     4    A  person  is  guilty of identity theft in the third degree when he or
     5  she knowingly and with intent to defraud assumes the identity of another
     6  person by presenting himself or herself as  that  other  person,  or  by
     7  acting as that other person or by using personal identifying information
     8  of that other person, and thereby:
     9    1.  obtains goods, money, medical information, health insurance infor-
    10  mation, property or services or uses credit in the name  of  such  other
    11  person  or  causes financial loss to such person or to another person or
    12  persons; or
    13    2. commits a class A misdemeanor or higher level crime.
    14    3. (a) For the purposes of this section, the  term  "medical  informa-
    15  tion"  means  any information regarding an individual's medical history,
    16  mental or physical condition, or medical treatment  or  diagnosis  by  a
    17  health care professional.
    18    (b)  For  the  purposes  of  this  section, the term "health insurance
    19  information" means an individual's health  insurance  policy  number  or
    20  subscriber identification number, any unique identifier used by a health
    21  insurer to identify the individual or any information in an individual's
    22  application  and  claims history, including, but not limited to, appeals
    23  history.
    24    Identity theft in the third degree is a class A misdemeanor.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00861-01-9

        S. 1088                             2
 
     1    § 2. Section 190.79 of the penal law, as added by chapter 619  of  the
     2  laws  of  2002  and  subdivision 4 as amended by chapter 279 of the laws
     3  2008, is amended to read as follows:
     4  § 190.79 Identity theft in the second degree.
     5    A  person  is guilty of identify theft in the second degree when he or
     6  she knowingly and with intent to defraud assumes the identity of another
     7  person by presenting himself or herself as  that  other  person,  or  by
     8  acting as that other person or by using personal identifying information
     9  of that other person, and thereby:
    10    1.  obtains goods, money, medical information, health insurance infor-
    11  mation, property or services or uses credit in the name  of  such  other
    12  person in an aggregate amount that exceeds five hundred dollars; or
    13    2.  causes  financial  loss  to  such  person  or to another person or
    14  persons in an aggregate amount that exceeds five hundred dollars; or
    15    3. commits or attempts to commit a felony or acts as an  accessory  to
    16  the commission of a felony; or
    17    4.  commits the crime of identity theft in the third degree as defined
    18  in section 190.78 of this article  and  has  been  previously  convicted
    19  within  the  last  five  years  of identity theft in the third degree as
    20  defined in section 190.78,  identity  theft  in  the  second  degree  as
    21  defined  in  this section, identity theft in the first degree as defined
    22  in section 190.80, unlawful possession of personal identification infor-
    23  mation in the third  degree  as  defined  in  section  190.81,  unlawful
    24  possession  of  personal identification information in the second degree
    25  as defined in section 190.82, unlawful possession of personal  identifi-
    26  cation  information  in  the  first degree as defined in section 190.83,
    27  unlawful possession of a skimmer device in the second degree as  defined
    28  in  section 190.85, unlawful possession of a skimmer device in the first
    29  degree as defined in section 190.86, grand larceny in the fourth  degree
    30  as  defined  in  section  155.30,  grand  larceny in the third degree as
    31  defined in section 155.35, grand larceny in the second degree as defined
    32  in section 155.40 or grand larceny in the first  degree  as  defined  in
    33  section 155.42 of this chapter.
    34    5.    (a) For the purposes of this section, the term "medical informa-
    35  tion" means any information regarding an individual's  medical  history,
    36  mental  or  physical  condition,  or medical treatment or diagnosis by a
    37  health care professional.
    38    (b) For the purposes of  this  section,  the  term  "health  insurance
    39  information"  means  an  individual's  health insurance policy number or
    40  subscriber identification number, any unique identifier used by a health
    41  insurer to identify the individual or any information in an individual's
    42  application and claims history, including, but not limited  to,  appeals
    43  history.
    44    Identity theft in the second degree is a class E felony.
    45    §  3. Subparagraph 3 of paragraph (b) of subdivision 1 of section 899-
    46  aa of the general business law, as added by chapter 442 of the  laws  of
    47  2005,  is  amended and two new subparagraphs 4 and 5 and two new closing
    48  paragraphs are added to read as follows:
    49    (3) account number, credit or debit card number, in  combination  with
    50  any  required  security code, access code, or password that would permit
    51  access to an individual's financial account; or
    52    (4) medical information; or
    53    (5) health insurance information;
    54    For the purposes of this paragraph, "medical  information"  means  any
    55  information  regarding  an individual's medical history, mental or phys-

        S. 1088                             3
 
     1  ical condition, or medical treatment  or  diagnosis  by  a  health  care
     2  professional.
     3    For  the  purposes  of  this paragraph, "health insurance information"
     4  means an individual's health insurance policy number or subscriber iden-
     5  tification number, any unique identifier used by  a  health  insurer  to
     6  identify  the  individual or any information in an individual's applica-
     7  tion and claims history, including, but not limited to, appeals history.
     8    § 4. Subparagraph 3 of paragraph (a) of subdivision 1 of  section  208
     9  of  the  state  technology  law,  as added by chapter 442 of the laws of
    10  2005, is amended and two new subparagraphs 4 and 5 and two  new  closing
    11  paragraphs are added to read as follows:
    12    (3)  account  number, credit or debit card number, in combination with
    13  any required security code, access code, or password which would  permit
    14  access to an individual's financial account[.]; or
    15    (4) medical information; or
    16    (5) health insurance information.
    17    For  the  purposes  of this paragraph, "medical information" means any
    18  information regarding an individual's medical history, mental  or  phys-
    19  ical  condition,  or  medical  treatment  or  diagnosis by a health care
    20  professional.
    21    For the purposes of this  paragraph,  "health  insurance  information"
    22  means an individual's health insurance policy number or subscriber iden-
    23  tification  number,  any  unique  identifier used by a health insurer to
    24  identify the individual or any information in an  individual's  applica-
    25  tion and claims history, including, but not limited to, appeals history.
    26    §  5.  This  act shall take effect on the ninetieth day after it shall
    27  have become a law. Effective immediately, the addition, amendment and/or
    28  repeal of any rule or regulation necessary  for  the  implementation  of
    29  this  act  on  its effective date are authorized and directed to be made
    30  and completed on or before such effective date.
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