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

                                   648

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. SAMPSON -- 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:
S 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 INFOR-
MATION, 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  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.
              

                                                           LBD00738-01-1

S. 648                              2

  Identity theft in the third degree is a class A misdemeanor.
  S  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:
S 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 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.
  S  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;
  FOR THE PURPOSES OF THIS PARAGRAPH, "MEDICAL  INFORMATION"  MEANS  ANY
INFORMATION  REGARDING  AN INDIVIDUAL'S MEDICAL HISTORY, MENTAL OR PHYS-

S. 648                              3

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.
  S 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  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.
  S  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.