STATE OF NEW YORK ________________________________________________________________________ 36 2021-2022 Regular Sessions IN ASSEMBLY (Prefiled) January 6, 2021 ___________ Introduced by M. of A. QUART, WEPRIN, BENEDETTO, GUNTHER, SEAWRIGHT, LAVINE, COLTON, ABBATE, GOTTFRIED, REYES -- Multi-Sponsored by -- M. of A. GALEF -- read once and referred 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: 1 Section 1. Section 190.78 of the penal law, as added by chapter 619 of 2 the laws of 2002, is amended to read as follows: 3 § 190.78 Identity theft in the third degree. 4 A person is guilty of identity theft in the third degree when he or 5 she knowingly and with intent to defraud assumes the identity of another 6 person by presenting himself or herself as that other person, or by 7 acting as that other person or by using personal identifying information 8 of that other person, and thereby: 9 1. obtains goods, money, medical information, health insurance infor- 10 mation, property or services or uses credit in the name of such other 11 person or causes financial loss to such person or to another person or 12 persons; or 13 2. commits a class A misdemeanor or higher level crime. 14 3. (a) For the purposes of this section, the term "medical informa- 15 tion" means any information regarding an individual's medical history, 16 mental or physical condition, or medical treatment or diagnosis by a 17 health care professional. 18 (b) For the purposes of this section, the term "health insurance 19 information" means an individual's health insurance policy number or 20 subscriber identification number, any unique identifier used by a health 21 insurer to identify the individual or any information in an individual's EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01322-01-1A. 36 2 1 application and claims history, including, but not limited to, appeals 2 history. 3 Identity theft in the third degree is a class A misdemeanor. 4 § 2. Section 190.79 of the penal law, as added by chapter 619 of the 5 laws of 2002 and subdivision 4 as amended by chapter 279 of the laws 6 2008, is amended to read as follows: 7 § 190.79 Identity theft in the second degree. 8 A person is guilty of identify theft in the second degree when he or 9 she knowingly and with intent to defraud assumes the identity of another 10 person by presenting himself or herself as that other person, or by 11 acting as that other person or by using personal identifying information 12 of that other person, and thereby: 13 1. obtains goods, money, medical information, health insurance infor- 14 mation, property or services or uses credit in the name of such other 15 person in an aggregate amount that exceeds five hundred dollars; or 16 2. causes financial loss to such person or to another person or 17 persons in an aggregate amount that exceeds five hundred dollars; or 18 3. commits or attempts to commit a felony or acts as an accessory to 19 the commission of a felony; or 20 4. commits the crime of identity theft in the third degree as defined 21 in section 190.78 of this article and has been previously convicted 22 within the last five years of identity theft in the third degree as 23 defined in section 190.78, identity theft in the second degree as 24 defined in this section, identity theft in the first degree as defined 25 in section 190.80, unlawful possession of personal identification infor- 26 mation in the third degree as defined in section 190.81, unlawful 27 possession of personal identification information in the second degree 28 as defined in section 190.82, unlawful possession of personal identifi- 29 cation information in the first degree as defined in section 190.83, 30 unlawful possession of a skimmer device in the second degree as defined 31 in section 190.85, unlawful possession of a skimmer device in the first 32 degree as defined in section 190.86, grand larceny in the fourth degree 33 as defined in section 155.30, grand larceny in the third degree as 34 defined in section 155.35, grand larceny in the second degree as defined 35 in section 155.40 or grand larceny in the first degree as defined in 36 section 155.42 of this chapter. 37 5. (a) For the purposes of this section, the term "medical informa- 38 tion" means any information regarding an individual's medical history, 39 mental or physical condition, or medical treatment or diagnosis by a 40 health care professional. 41 (b) For the purposes of this section, the term "health insurance 42 information" means an individual's health insurance policy number or 43 subscriber identification number, any unique identifier used by a health 44 insurer to identify the individual or any information in an individual's 45 application and claims history, including, but not limited to, appeals 46 history. 47 Identity theft in the second degree is a class E felony. 48 § 3. Subparagraph (i) of paragraph (b) of subdivision 1 of section 49 899-aa of the general business law is amended by adding two new clauses 50 6 and 7 and two new closing paragraphs to read as follows: 51 (6) medical information; or 52 (7) health insurance information; or 53 For the purposes of this paragraph, "medical information" means any 54 information regarding an individual's medical history, mental or phys- 55 ical condition, or medical treatment or diagnosis by a health care 56 professional.A. 36 3 1 For the purposes of this paragraph, "health insurance information" 2 means an individual's health insurance policy number or subscriber iden- 3 tification number, any unique identifier used by a health insurer to 4 identify the individual or any information in an individual's applica- 5 tion and claims history, including, but not limited to, appeals history. 6 § 4. Subparagraph (i) of paragraph (a) of subdivision 1 of section 208 7 of the state technology law is amended by adding two new clauses 6 and 7 8 and two new closing paragraphs to read as follows: 9 (6) medical information; or 10 (7) health insurance information; or 11 For the purposes of this paragraph, "medical information" means any 12 information regarding an individual's medical history, mental or phys- 13 ical condition, or medical treatment or diagnosis by a health care 14 professional. 15 For the purposes of this paragraph, "health insurance information" 16 means an individual's health insurance policy number or subscriber iden- 17 tification number, any unique identifier used by a health insurer to 18 identify the individual or any information in an individual's applica- 19 tion and claims history, including, but not limited to, appeals history. 20 § 5. This act shall take effect on the ninetieth day after it shall 21 have become a law. Effective immediately, the addition, amendment and/or 22 repeal of any rule or regulation necessary for the implementation of 23 this act on its effective date are authorized and directed to be made 24 and completed on or before such effective date.