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H.R. 5330 — what changed

Consumer Protection for Medical Debt Collections Act

From Introduced in House to Reported in House. 2 sections amended and 2 added between Introduced in House and Reported in House.

Sec. 2 Amendments to the Fair Debt Collection Practices Act

(a)
changed In general—Definition— Section 809 803 of the Fair Debt Collection Practices Act (15 U.S.C. 1692g) 1692a) is amended by adding at the end the following:

changed “(f) Additional notice requirements for “(9) The term medical debtdebt means a debt arising from the receipt of medical services, products, or devices.”

removed “(1) Definitions—In this subsection:

removed “(A) Consumer reporting agency—The term consumer reporting agency has the meaning given the term in section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)).

removed “(B) Medical debt—The term medical debt means a debt arising from the receipt of medical services, products, or devices.

removed “(2) Notice about credit reporting—Before furnishing information regarding a medical debt of a consumer to a consumer reporting agency, the person furnishing the information shall send a statement to the consumer that includes the following:

removed “(A) A notification that the medical debt may not be reported to a consumer reporting agency until the end of the 1-year period beginning on the later of—

removed “(i) the date on which the person sends the statement; and

removed “(ii) the last date on which the consumer made any payment to the person with respect to the medical debt.

removed “(B) A notification that, if the debt is settled or paid by the consumer or an insurance company before the end of the 1-year period described under subparagraph (A)—

removed “(i) the debt may not be reported to a consumer reporting agency; and

removed “(ii) the consumer may, any time before the end of such that 1-year period—

removed “(I) communicate with an insurance company to determine coverage for the debt; or

removed “(II) apply for financial assistance.

removed “(3) No reporting before the end of the 1-year period

removed “(A) In general—Before the end of the 1-year period described in paragraph (2)(A), no person may communicate with, or report any information to, any consumer reporting agency regarding a debt described in that paragraph.

removed “(B) Reporting after the end of the 1-year period—Nothing in this subsection shall prohibit a person from communicating with, or reporting any information to, a consumer reporting agency regarding a medical debt of a consumer after the end of the 1-year period described in paragraph (2)(A) with respect to the debt.

removed “(4) No debt collection before the end of the 1-year period—With respect to a medical debt, before the end of the 1-year period described in paragraph (2)(A), a debt collector may not engage in activities to collect or attempt to collect such medical debt owed or due or asserted to be owed.”

(b)
changed Effective date—Unfair practices— The amendment made by this section shall take effect on Section 808 of the date that Fair Debt Collection Practices Act (15 U.S.C. 1692f) is 180 days after amended by adding at the date of enactment of this Act.end the following:

added “(9) Engaging in activities to collect or attempting to collect a medical debt owed or due or asserted to be owed or due by a consumer, before the end of the 2-year period beginning on the date that the first payment with respect to such medical debt is due.”

Sec. 3 Prohibition on consumer reporting agencies reporting certain medical debt

(a)
changed In general—Definition— Section 605(a) 603 of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) 1681a) is amended by adding at the end the following new paragraph:following:

changed “(9) Any information related to “(bb) Medical debt—The term medical debt means a debt arising from a medically necessary procedure.”the receipt of medical services, products, or devices.

added “(cc) Medically necessary procedure—The term “medically necessary procedure” means—

added “(1) health care services or supplies needed to diagnose or treat an illness, injury, condition, disease, or its symptoms and that meet accepted standards of medicine; and

added “(2) health care to prevent illness or detect illness at an early stage, when treatment is likely to work best (including preventive services such as pap tests, flu shots, and screening mammograms).”

(b)
changed Effective date—In general— The amendment made by this section shall take effect on Section 605(a) of the date that Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is 180 days after amended by adding at the date of enactment of this Act.end the following new paragraphs:

added “(9) Any information related to a debt arising from a medically necessary procedure.

added “(10) Any information related to a medical debt, if the date on which such debt was placed for collection, charged to profit or loss, or subjected to any similar action antedates the report by less than 365 calendar days.”

Sec. 4 Requirements for furnishers of medical debt information

added
(a)
added Additional notice requirements for medical debt— Section 623 of the Fair Credit Reporting Act (15 U.S.C. 1681s-2) is amended by adding at the end the following:

added “(f) Additional notice requirements for medical debt—Before furnishing information regarding a medical debt of a consumer to a consumer reporting agency, the person furnishing the information shall send a statement to the consumer that includes the following:

added “(1) A notification that the medical debt—

added “(A) may not be included on a consumer report made by a consumer reporting agency until the later of the date that is 365 days after—

added “(i) the date on which the person sends the statement;

added “(ii) with respect to the medical debt of a borrower demonstrating hardship, a date determined by the Director of the Bureau; or

added “(iii) the date described under section 605(a)(10); and

added “(B) may not ever be included on a consumer report made by a consumer reporting agency, if the medical debt arises from a medically necessary procedure.

added “(2) A notification that, if the debt is settled or paid by the consumer or an insurance company before the end of the period described under paragraph (1)(A), the debt may not be reported to a consumer reporting agency.

added “(3) A notification that the consumer may—

added “(A) communicate with an insurance company to determine coverage for the debt; or

added “(B) apply for financial assistance.”

(b)
added Furnishing of medical debt information— Section 623 of the Fair Credit Reporting Act (15 U.S.C. 1681s-2), as amended by subsection (a), is further amended by adding at the end the following:

added “(g) Furnishing of medical debt information

added “(1) Prohibition on reporting debt related to medically necessary procedures—No person shall furnish any information to a consumer reporting agency regarding a debt arising from a medically necessary procedure.

added “(2) Treatment of other medical debt information—With respect to a medical debt not described under paragraph (1), no person shall furnish any information to a consumer reporting agency regarding such debt before the end of the 365-day period beginning on the later of—

added “(A) the date on which the person sends the statement described under subsection (f) to the consumer;

added “(B) with respect to the medical debt of a borrower demonstrating hardship, a date determined by the Director of the Bureau; or

added “(C) the date described in section 605(a)(10).

added “(3) Treatment of settled or paid medical debt—With respect to a medical debt not described under paragraph (1), no person shall furnish any information to a consumer reporting agency regarding such debt if the debt is settled or paid by the consumer or an insurance company before the end of the 365-day period described under paragraph (2).

added “(4) Borrower demonstrating hardship defined—In this subsection, and with respect to a medical debt, the term “borrower demonstrating hardship” means a borrower or a class of borrowers who, as determined by the Director of the Bureau, is facing or has experienced unusual extenuating life circumstances or events that result in severe financial or personal barriers such that the borrower or class of borrowers does not have the capacity to repay the medical debt.”

Sec. 5 Effective date

added

added This Act and the amendments made by this Act shall take effect on the date that is 180 days after the date of enactment of this Act.