What's happening
This bill expands the definition of identity theft in New York to include medical and health insurance information.
Why it matters
Expanding the definition of “personal identifying information” to include medical and health insurance data increases the scope of what counts as identity theft, offering new legal protections for sensitive health information. This means using someone else's medical or insurance info without consent can now be prosecuted as identity theft, not just financial fraud.
Victims of medical identity theft (such as fraudulent use of insurance or access to medical care under another person's name) will have clearer legal recourse and stronger grounds for law enforcement to pursue charges. This could help those who have suffered harm or complications due to false medical records or billing under their identity.
Businesses and government agencies will need to update their data breach notification policies to include breaches of medical and health insurance information. This means individuals must be notified if their health data is compromised, potentially improving transparency and allowing people to take action to protect themselves.
The bill acknowledges the rising threat of health-related data breaches and insurance fraud, responding to trends in cybercrime where medical data is often more valuable on the black market than financial data. This modernizes New York’s legal framework to reflect current risks in the digital age.
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Add Health Data to ID Theft
Plain English, a few words. Used as the page title.
Sponsors
13 Co-sponsors
2 Multi-sponsors
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 Info 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
809
2019-2020 Regular Sessions
IN ASSEMBLY
January 11, 2019
Introduced by M. of A. QUART, WEPRIN, ORTIZ, BENEDETTO, GUNTHER, SEAWRIGHT, LAVINE, TITUS, COLTON, ABBATE, MOSLEY -- Multi-Sponsored by -- M. of A. GALEF, LAWRENCE -- 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.
LBD00861-01-9
A. 809 2
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. 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.