Senate Bill S2376

2023-2024 Legislative Session

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

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Current Bill Status Via A4737 - Passed Senate


  • 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-S2376 - Details

Law Section:
Penal Law
Laws Affected:
Amd §§190.78 & 190.79, 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-S2376 - Summary

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

2023-S2376 - Sponsor Memo

2023-S2376 - Bill Text download pdf

                             
                     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
              

2023-S2376A - Details

Law Section:
Penal Law
Laws Affected:
Amd §§190.78 & 190.79, 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-S2376A - Summary

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

2023-S2376A - Sponsor Memo

2023-S2376A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2376--A
 
                        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

 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01629-07-4
              

2023-S2376B (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Amd §§190.78 & 190.79, 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-S2376B (ACTIVE) - Summary

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

2023-S2376B (ACTIVE) - Sponsor Memo

2023-S2376B (ACTIVE) - Bill Text download pdf

                             
                     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
              

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