Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
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.Every fact on this page links to its source, starting with the official bill record.