New York State Assembly

 
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A00920 Summary:

A00920 Actions:

A00920 Committee Votes:

Committee:CODES   Chair:Dinowitz      
DATE:01/22/2025AYE/NAY:20/0  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Aye
Cook
Aye
Reilly
Aye
Lavine
Aye
Mikulin
Excused
Weprin
Aye
Tannousis
Aye
Hevesi
Aye
Angelino
Aye
Seawright
Aye
Molitor
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye
Epstein
Aye
Bores
Aye
Reyes
Aye
Cunningham
Aye
Romero
Aye
Alvarez
Excused

Committee:RULES   Chair:Glick      
DATE:01/22/2025AYE/NAY:29/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Pretlow
Aye
Hawley
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Smith
Aye
Peoples-Stokes
Aye
Jensen
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Braunstein
Aye
Davila
Excused
Hyndman
Aye
Rozic
Aye
Bronson
Aye
Hevesi
Aye
Hunter
Aye
Taylor
Aye
Cruz
Aye
Vanel
Aye

A00920 Floor Votes:

A00920 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A920
 
SPONSOR: Lavine

 
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:
 
The purpose of this bill is to make clarifying amendments to Chapter 847
of the laws of 2024, relating to identity theft.
 
 
SUMMARY OF PROVISIONS:

Section 1 would add the definitions the terms medical information and
health insurance information to the definition of "personal identifying
information" in Article 190.77 of the Penal Law for offenses involving
theft of identity.
 
Section 2 would make a technical change to effectuate the intent of
section 1.
 
Section 3 through 5 would remove medical information and health insur-
ance information to the crimes of identity theft in the third degree,
identity theft in the second degree, and identity theft in the first
degree because those terms are included in the definition of personal
identifying information.
 
Sections 6 through 8 would make technical changes to the definitions of
"medical information" and "health insurance information" in section
899-aa of General Business Law and section 208 State Technology Law.
 
Section 9 would set forth the effective date.
 
 
JUSTIFICATION:
 
According to the World Privacy Forum (WPF) in 2006, medical identity
theft accounts for approximately 3 percent of total ID theft, which is
reported to be the fastest-growing crime over the last seven years.
Criminals now pay upwards to $50 for a stolen medical ID, in comparison
to $1 for a social security number. Victims of medical identity theft
are left with few avenues for assistance as compared to regular ID
theft, partially due to lack of knowledge regarding this crime. Stolen
items typically include patient records, documents on insurance bene-
fits, and passwords to medical servers.
 
This bill would make amendments to a Chapter of the laws of 2024 to
clarify that medical information and health insurance information are
considered "personal identifying information" for the purpose of identi-
ty theft.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New bill.
 
 
FISCAL IMPLICATIONS:
 
None.
 
 
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 01/02/25 6
02690-01-5 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.

A00920 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           920
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (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:
 
     1    Section  1. Subdivision 1 of section 190.77 of the penal law, as sepa-
     2  rately amended by chapters 226 and 279 of the laws of 2008,  is  amended
     3  to read as follows:
     4    1. For the purposes of sections 190.78, 190.79, 190.80 [and], 190.80-a
     5  and  190.85  of  this article "personal identifying information" means a
     6  person's name,  address,  telephone  number,  date  of  birth,  driver's
     7  license  number,  social  security number, place of employment, mother's
     8  maiden name, financial services account number or code, savings  account
     9  number  or  code,  checking  account  number  or code, brokerage account
    10  number or code, credit card account number or code, debit card number or
    11  code, automated teller machine number or code,  taxpayer  identification
    12  number,  computer  system  password,  signature  or copy of a signature,
    13  electronic signature, unique biometric data that is a fingerprint, voice
    14  print, retinal image or iris image of another person, telephone  calling
    15  card  number,  mobile  identification  number or code, electronic serial
    16  number or personal identification number,  medical  information,  health
    17  insurance  information,  or  any other name, number, code or information
    18  that may be used alone or in conjunction with other such information  to
    19  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
 
     1    §  2.  The opening paragraph of subdivision 2 of section 190.77 of the
     2  penal law, as amended by chapter 226 of the laws of 2008, is amended  to
     3  read as follows:
     4    For  the  purposes  of  subdivision  one  of this section and sections
     5  190.78, 190.79, 190.80,  190.80-a,  190.81,  190.82  [and],  190.83  and
     6  190.85 of this article:
     7    § 3. Subdivision 1 of section 190.78 of the penal law, as amended by a
     8  chapter of the laws of 2024 amending the penal law, the general business
     9  law  and  the state technology law relating to adding medical and health
    10  insurance information within  the  definitions  of  identity  theft,  as
    11  proposed  in  legislative  bills  numbers  S.  2376-B  and A. 4737-B, is
    12  amended to read as follows:
    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  or  causes financial loss to such person or to another person or
    16  persons; or
    17    § 4. Subdivision 1 of section 190.79 of the penal law, as amended by a
    18  chapter of the laws of 2024 amending the penal law, the general business
    19  law and the state technology law relating to adding medical  and  health
    20  insurance  information  within  the  definitions  of  identity theft, as
    21  proposed in legislative bills  numbers  S.  2376-B  and  A.  4737-B,  is
    22  amended to read as follows:
    23    1. obtains goods, money, [medical information, health insurance infor-
    24  mation,]  property  or services or uses credit in the name of such other
    25  person in an aggregate amount that exceeds five hundred dollars; or
    26    § 5. Subdivision 1 of section 190.80 of the penal law, as amended by a
    27  chapter of the laws of 2024 amending the penal law, the general business
    28  law and the state technology law relating to adding medical  and  health
    29  insurance  information  within  the  definitions  of  identity theft, as
    30  proposed in legislative bills  numbers  S.  2376-B  and  A.  4737-B,  is
    31  amended to read as follows:
    32    1. obtains goods, money, [medical information, health insurance infor-
    33  mation,]  property  or services or uses credit in the name of such other
    34  person in an aggregate amount that exceeds two thousand dollars; or
    35    § 6. Clauses 6 and 7 of subparagraph (i) of paragraph (b) of  subdivi-
    36  sion  1  of  section  899-aa  of the general business law, as added by a
    37  chapter of the laws of 2024 amending the penal law, the general business
    38  law and the state technology law relating to adding medical  and  health
    39  insurance  information  within  the  definitions  of  identity theft, as
    40  proposed in legislative bills numbers  S.  2376-B  and  A.  4737-B,  are
    41  amended to read as follows:
    42    (6) medical information, meaning any information regarding an individ-
    43  ual's  medical  history, mental or physical condition, or medical treat-
    44  ment or diagnosis by a health care professional; or
    45    (7) health  insurance  information,  meaning  an  individual's  health
    46  insurance  policy number or subscriber identification number, any unique
    47  identifier used by a health insurer to identify the  individual  or  any
    48  information in an individual's application and claims history, including
    49  but not limited to, appeals history; or
    50    §  7. The second and third undesignated paragraphs of paragraph (b) of
    51  subdivision 1 of section 899-aa of the general business law, as added by
    52  a chapter of the laws of 2024 amending the penal law, the general  busi-
    53  ness  law  and  the  state technology law relating to adding medical and
    54  health insurance information within the definitions of  identity  theft,
    55  as  proposed  in  legislative bills numbers S. 2376-B and A. 4737-B, are
    56  REPEALED.
        A. 920                              3
 
     1    § 8. Clauses 6 and 7 of subparagraph (i)  of  paragraph  (a)  and  the
     2  second  and  third undesignated paragraphs of such paragraph of subdivi-
     3  sion 1 of section 208 of the state technology law, as added by a chapter
     4  of the laws of 2024 amending the penal law, the general business law and
     5  the state technology law relating to adding medical and health insurance
     6  information  within  the  definitions  of identity theft, as proposed in
     7  legislative bills numbers S. 2376-B and A. 4737-B, are REPEALED.
     8    § 9. This act shall take effect on the  same  date  and  in  the  same
     9  manner  as  a  chapter  of  the laws of 2024 amending the penal law, the
    10  general business law and the state technology  law  relating  to  adding
    11  medical and health insurance information within the definitions of iden-
    12  tity  theft,  as  proposed in legislative bills numbers S. 2376-B and A.
    13  4737-B, takes effect.

A00920 LFIN:

 
NO LFIN

A00920 Chamber Video/Transcript: