Bill S648-2011

Adds medical and health insurance information within the definitions of identity theft

Adds medical and health insurance information within the definitions of identity theft.

Details

Actions

  • Jun 13, 2012: referred to codes
  • Jun 13, 2012: DELIVERED TO ASSEMBLY
  • Jun 13, 2012: PASSED SENATE
  • Jun 13, 2012: ORDERED TO THIRD READING CAL.1201
  • Jun 13, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jan 4, 2012: REFERRED TO CODES
  • Jan 5, 2011: REFERRED TO CODES

Meetings

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 13, 2012
Ayes (23): Skelos, Alesi, Farley, Fuschillo, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Duane, Hassell-Thompson, Montgomery, Parker, Perkins, Smith, Stewart-Cousins
Ayes W/R (1): Hannon
Excused (1): Krueger

Memo

BILL NUMBER:S648

TITLE OF BILL: 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

PURPOSE: This bill intends to protect individuals from medical identity theft by including medical and health insurance information within the definition of identity theft.

SUMMARY OF PROVISIONS: Adds medical information and health information to the definition of identity theft in Section 190.78-79 of the penal law, Section 899-aa of the general business law, and Section 208 of the state technology law.

Defines medical information to mean "any information regarding an individual medical history, mental or physical condition, or medical treatment of diagnosis by a health care professional."

Defines health insurance information to mean "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.

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 are left with few avenues for assistance as compared to regular 10 theft, partially due to the lack of knowledge regarding this crime.

Stolen items typically include patient records, documents on insurance benefits, and passwords to medical servers. Whether it is a physician identification number or patient identification information that is stolen, medical identity theft is a serious problem, estimated to effect 250,000-500,000 individuals per year.

Little assistance is provided for victims under the Health Insurance Portability and Accountability Act (HIPAA). Rather, the rigidness of HIPPA can create difficulties for victims trying to fix files that have been altered by, identity thieves. For example, medications, allergies and Surgeries fraudulently billed in the name of the victim become permanent records that are hard to correct.

In addition to the hardship on patients, medical identity theft is a costly burden on the health care system. According to the National Health Care Anti-Fraud Association, of the $60 billion dollars in

health care fraud each year, 1 percent, or $6 billion per year is attributed to medical identity.

LEGISLATIVE HISTORY: S.7253 of 2008 03/24/08 Referred to Codes S.122 of 2009 01/07/09 Referred to Codes 01/06/10 Referred to Codes

FISCAL IMPLICATIONS: Unknown.

EFFECTIVE DATE: This bill would take effect on the 90th day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 648 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. SAMPSON -- read twice and ordered printed, and when printed to be committed 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: Section 1. Section 190.78 of the penal law, as added by chapter 619 of the laws of 2002, is amended to read as follows: S 190.78 Identity theft in the third degree. A person is guilty of identity theft in the third degree when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself 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 or causes financial loss to such person or to another person or persons; or 2. commits a class A misdemeanor or higher level crime. 3. (A) FOR THE PURPOSES OF THIS SECTION, THE TERM "MEDICAL INFORMA- TION" MEANS ANY INFORMATION REGARDING AN INDIVIDUAL'S MEDICAL HISTORY, MENTAL OR PHYSICAL CONDITION, OR MEDICAL TREATMENT OR DIAGNOSIS BY A HEALTH CARE PROFESSIONAL. (B) FOR THE PURPOSES OF THIS SECTION, THE TERM "HEALTH INSURANCE INFORMATION" MEANS 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.
Identity theft in the third degree is a class A misdemeanor. S 2. 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 2008, is amended to read as follows: S 190.79 Identity theft in the second degree. A person is guilty of identify theft in the second degree when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself 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. 5. (A) FOR THE PURPOSES OF THIS SECTION, THE TERM "MEDICAL INFORMA- TION" MEANS ANY INFORMATION REGARDING AN INDIVIDUAL'S MEDICAL HISTORY, MENTAL OR PHYSICAL CONDITION, OR MEDICAL TREATMENT OR DIAGNOSIS BY A HEALTH CARE PROFESSIONAL. (B) FOR THE PURPOSES OF THIS SECTION, THE TERM "HEALTH INSURANCE INFORMATION" MEANS 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. Identity theft in the second degree is a class E felony. S 3. Subparagraph 3 of paragraph (b) of subdivision 1 of section 899- aa of the general business law, as added by chapter 442 of the laws of 2005, is amended and two new subparagraphs 4 and 5 and two new closing paragraphs are added to read as follows: (3) account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account; OR (4) MEDICAL INFORMATION; OR (5) HEALTH INSURANCE INFORMATION; 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. S 4. Subparagraph 3 of paragraph (a) of subdivision 1 of section 208 of the state technology law, as added by chapter 442 of the laws of 2005, is amended and two new subparagraphs 4 and 5 and two new closing paragraphs are added to read as follows: (3) account number, credit or debit card number, in combination with any required security code, access code, or password which would permit access to an individual's financial account[.]; OR (4) MEDICAL INFORMATION; OR (5) HEALTH INSURANCE INFORMATION. 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. S 5. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that 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 and directed to be made and completed on or before such effective date.

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