S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    920
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the penal law and the general business law, in relation
   to including medical information and health insurance  information  in
   the   definition  of  personal  identifying  information  for  certain
   purposes; and to repeal certain provisions of the general business law
   and the state technology law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 190.77 of the penal law, as sepa-
 rately amended by chapters 226 and 279 of the laws of 2008,  is  amended
 to read as follows:
   1. For the purposes of sections 190.78, 190.79, 190.80 [and], 190.80-a
 and  190.85  of  this article "personal identifying information" means a
 person's name,  address,  telephone  number,  date  of  birth,  driver's
 license  number,  social  security number, place of employment, mother's
 maiden name, financial services account number or code, savings  account
 number  or  code,  checking  account  number  or code, brokerage account
 number or code, credit card account number or code, debit card number or
 code, automated teller machine number or code,  taxpayer  identification
 number,  computer  system  password,  signature  or copy of a signature,
 electronic signature, unique biometric data that is a fingerprint, voice
 print, retinal image or iris image of another person, telephone  calling
 card  number,  mobile  identification  number or code, electronic serial
 number or personal identification number,  MEDICAL  INFORMATION,  HEALTH
 INSURANCE  INFORMATION,  or  any other name, number, code or information
 that may be used alone or in conjunction with other such information  to
 assume the identity of another person.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02690-01-5
 A. 920                              2
              

 
   §  2.  The opening paragraph of subdivision 2 of section 190.77 of the
 penal law, as amended by chapter 226 of the laws of 2008, is amended  to
 read as follows:
   For  the  purposes  of  SUBDIVISION  ONE  OF THIS SECTION AND sections
 190.78, 190.79, 190.80,  190.80-a,  190.81,  190.82  [and],  190.83  AND
 190.85 of this article:
   § 3. Subdivision 1 of section 190.78 of the penal law, as amended by a
 chapter of the laws of 2024 amending the penal law, the general business
 law  and  the state technology law relating to adding medical and health
 insurance information within  the  definitions  of  identity  theft,  as
 proposed  in  legislative  bills  numbers  S.  2376-B  and A. 4737-B, is
 amended to read as follows:
   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
   § 4. Subdivision 1 of section 190.79 of the penal law, as amended by a
 chapter of the laws of 2024 amending the penal law, the general business
 law and the state technology law relating to adding medical  and  health
 insurance  information  within  the  definitions  of  identity theft, as
 proposed in legislative bills  numbers  S.  2376-B  and  A.  4737-B,  is
 amended to read as follows:
   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
   § 5. Subdivision 1 of section 190.80 of the penal law, as amended by a
 chapter of the laws of 2024 amending the penal law, the general business
 law and the state technology law relating to adding medical  and  health
 insurance  information  within  the  definitions  of  identity theft, as
 proposed in legislative bills  numbers  S.  2376-B  and  A.  4737-B,  is
 amended to read as follows:
   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
   § 6. Clauses 6 and 7 of subparagraph (i) of paragraph (b) of  subdivi-
 sion  1  of  section  899-aa  of the general business law, as added by a
 chapter of the laws of 2024 amending the penal law, the general business
 law and the state technology law relating to adding medical  and  health
 insurance  information  within  the  definitions  of  identity theft, as
 proposed in legislative bills numbers  S.  2376-B  and  A.  4737-B,  are
 amended to read as follows:
   (6) medical information, MEANING ANY INFORMATION REGARDING AN INDIVID-
 UAL'S  MEDICAL  HISTORY, MENTAL OR PHYSICAL CONDITION, OR MEDICAL TREAT-
 MENT OR DIAGNOSIS BY A HEALTH CARE PROFESSIONAL; or
   (7) health  insurance  information,  MEANING  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; or
   §  7. The second and third undesignated paragraphs of paragraph (b) of
 subdivision 1 of section 899-aa of the general business law, as added by
 a chapter of the laws of 2024 amending the penal law, the general  busi-
 ness  law  and  the  state technology law relating to adding medical and
 health insurance information within the definitions of  identity  theft,
 as  proposed  in  legislative bills numbers S. 2376-B and A. 4737-B, are
 REPEALED.
 A. 920                              3
 
   § 8. Clauses 6 and 7 of subparagraph (i)  of  paragraph  (a)  and  the
 second  and  third undesignated paragraphs of such paragraph of subdivi-
 sion 1 of section 208 of the state technology law, as added by a chapter
 of the laws of 2024 amending the penal law, the general business law and
 the state technology law relating to adding medical and health insurance
 information  within  the  definitions  of identity theft, as proposed in
 legislative bills numbers S. 2376-B and A. 4737-B, are REPEALED.
   § 9. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a  chapter  of  the laws of 2024 amending the penal law, the
 general business law and the state technology  law  relating  to  adding
 medical and health insurance information within the definitions of iden-
 tity  theft,  as  proposed in legislative bills numbers S. 2376-B and A.
 4737-B, takes effect.