What's happening
This bill expands the definitions of identity theft to include medical and health insurance information as protected categories in New York law.
Why it matters
Expanding identity theft protections to include medical and health insurance information addresses the growing risk of medical identity theft. , which can have severe consequences such as fraudulent medical charges, misdiagnoses, and compromised healthcare records for victims.
The bill makes it a crime to knowingly obtain or misuse someone's medical or health insurance information with intent to defraud. , providing law enforcement and prosecutors new tools to pursue cases where sensitive health data is targeted, not just financial data.
Covered information now explicitly includes medical histories, diagnoses, treatment information, health insurance policy numbers, and records of claims or appeals. , reflecting the reality that these data types are increasingly valuable and vulnerable to data breaches or misuse.
Organizations that collect or store medical and health insurance information will face updated legal obligations regarding data security and breach notification. , potentially increasing compliance requirements but also enhancing consumer protection in the event of a data breach.
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Who cares
Headline styles
Protect Medical Data from Theft
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Medical Data from Theft
In Senate Committee · Codes · Sponsor Roxanne J. Persaud
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4075
2017-2018 Regular Sessions
IN ASSEMBLY
February 1, 2017
Introduced by M. of A. QUART -- Multi-Sponsored by -- M. of A. ABBATE, BENEDETTO, COLTON, GALEF, GUNTHER, HOOPER, JENNE, LAWRENCE, MAGEE, MOSLEY, ORTIZ, SALADINO, SEAWRIGHT, SIMANOWITZ, TITUS, WEPRIN -- 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 Assembly, 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 information, 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 information" 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08927-01-7
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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 information, 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 information 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 identification 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 information" 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 3 of paragraph (b) of subdivision 1 of section 899- aa of the general business law, as added by chapter 442 of the laws of 2005, is amended and two new subparagraphs 4 and 5 and two new closing paragraphs are added to read as follows:
(3) account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account; or
(4) medical information; or
(5) health insurance information;
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For the purposes of this paragraph, "medical information" means any information regarding an individual's medical history, mental or physical 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 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.
§ 4. Subparagraph 3 of paragraph (a) of subdivision 1 of section 208 of the state technology law, as added by chapter 442 of the laws of 2005, is amended and two new subparagraphs 4 and 5 and two new closing paragraphs are added to read as follows:
(3) account number, credit or debit card number, in combination with any required security code, access code, or password which would permit access to an individual's financial account[.]; or
(4) medical information; or
(5) health insurance information.
For the purposes of this paragraph, "medical information" means any information regarding an individual's medical history, mental or physical 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 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.
§ 5. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that 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.
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