NY State Senate Bill 2025-S785

Senate Bill S785

2025-2026 Legislative Session

Adds medical and health insurance information within the definitions of personal identifying information; repealer

download bill text pdf

Current Bill Status - In Senate Committee Rules Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2025	referred to rules

2025-S785 (ACTIVE) - Details

See Assembly Version of this Bill:: A920
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §§190.77, 190.78, 190.79 & 190.80, Pen L; rpld §899-aa sub 1 ¶(b) 2nd & 3rd undesig ¶¶, amd §899-aa, Gen Bus L; rpld §208 sub 1 ¶(a) 2nd & 3rd undesig ¶¶, sub¶ (i) cl 6 & 7, St Tech L (as proposed in S.2376-B & A.4737-B)

2025-S785 (ACTIVE) - Summary

Adds medical and health insurance information within the definitions of personal identifying information.

2025-S785 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S785

SPONSOR: PERSAUD
 
TITLE OF BILL:

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


 
PURPOSE:

This is a chapter amendment that makes changes to provisions of L.2024,
c.613.

 
SUMMARY OF PROVISIONS:

This legislation amends the underlying chapter by adding medical infor-
mation and health insurance information into the definition of "personal
identifying information" for the purposes of sections 190.78, 190.79,

190.80, 190.80-a and 190.85 as well as subdivision one of section
190.77. The legislation also makes additional technical amendments to
ensure that the chapter is consistent with existing law.

 
EXISTING LAW:

 
JUSTIFICATION:

This legislation is a negotiated change to the underlying chapter.

 
LEGISLATIVE HISTORY:

Chapter amendment to Chapter 613 of the Laws of 2024. A.4737-B was
passed by the Assembly in April 2024, and S.2376-B was substituted by
A.4737-B, which was passed by the Senate in May 2024.

 
FISCAL IMPLICATIONS:

 
LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
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 identity theft, as
proposed in legislative bills numbers S. 2376-B and A.  4737-B, takes
effect.

2025-S785 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    785
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 S. 785                              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.
 S. 785                              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.

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