S T A T E O F N E W Y O R K
________________________________________________________________________
4737--B
2023-2024 Regular Sessions
I N A S S E M B L Y
February 23, 2023
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Codes -- recommitted to the Committee on Codes in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, 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, MEDICAL INFORMATION, HEALTH INSURANCE INFOR-
MATION, property or services or uses credit in the name of such other
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01629-08-4
A. 4737--B 2
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.
Identity theft in the third degree is a class A misdemeanor.
§ 3. 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 of
2008, is amended to read as follows:
§ 190.79 Identity theft in the second degree.
A person is guilty of [identify] IDENTITY theft in the second degree
when [he or she] SUCH PERSON knowingly and with intent to defraud
assumes the identity 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
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.
Identity theft in the second degree is a class E felony.
§ 4. Section 190.80 of the penal law, as added by chapter 619 of the
laws of 2002, subdivision 4 as amended by chapter 279 of the laws of
2008, is amended to read as follows:
§ 190.80 Identity theft in the first degree.
A person is guilty of identity theft in the first 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
person in an aggregate amount that exceeds two thousand dollars; or
2. causes financial loss to such person or to another person or
persons in an aggregate amount that exceeds two thousand dollars; or
3. commits or attempts to commit a class D felony or higher level
crime or acts as an accessory in the commission of a class D or higher
level felony; or
A. 4737--B 3
4. commits the crime of identity theft in the second degree as defined
in section 190.79 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 section 190.79, identity theft in the first degree as defined
in this section, unlawful possession of personal identification informa-
tion 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.
Identity theft in the first degree is a class D felony.
§ 5. Paragraph (b) of subdivision 1 of section 899-aa of the general
business law is amended by adding two new undesignated paragraphs and
subparagraph (i) of such paragraph is amended by adding two new clauses
6 and 7 to read as follows:
(6) MEDICAL INFORMATION; OR
(7) HEALTH INSURANCE INFORMATION; OR
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.
§ 6. Paragraph (a) of subdivision 1 of section 208 of the state tech-
nology law is amended by adding two new undesignated paragraphs and
subparagraph (i) of such paragraph is amended by adding two new clauses
6 and 7 to read as follows:
(6) MEDICAL INFORMATION; OR
(7) HEALTH INSURANCE INFORMATION; OR
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.
§ 7. 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 to be made and
completed on or before such effective date.