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HB23-1126

Consumer Reports Not Include Medical Debt Information

Concerning the inclusion of certain items of information in consumer reports, and, in connection therewith, prohibiting the reporting of medical debt information by consumer reporting agencies, prohibiting debt collectors and collection agencies from falsely representing that medical debt information will be included in a consumer report or failing to timely disclose that, with certain exceptions, medical debt will not be included in a consumer report, and, making an appropriation.
Session:
2023 Regular Session
Subject:
Business & Economic Development
Bill Summary

Section 1 of the bill defines "medical debt" as any obligation or alleged obligation of a consumer to pay any amount whatsoever arising from the receipt of health-care goods or services. debt arising from health-care services or health-care goods, including products, devices, durable medical equipment, and prescription medications.

Current law prohibits a consumer reporting agency from making any consumer report containing any of certain items of information. However, this prohibition does not apply to:

  • A credit transaction involving, or that may reasonably be expected to involve, a principal amount of $150,000 or more; or
  • The underwriting of life insurance involving, or that may reasonably be expected to involve, a face amount of $150,000 or more.

Section 2 eliminates both of these exceptions to the prohibition and substitutes a new exception, which applies to a credit transaction involving, or that may reasonably be expected to involve, a principal amount that exceeds the national conforming loan limit value determined annually by the federal housing finance agency. Section 2 also prohibits a consumer reporting agency from making any consumer report containing any information concerning medical debt.Section 3 prohibits a debt collector or collection agency, when attempting to collect debt that the debt collector or collection agency knows or should know is medical debt or to obtain information about a consumer in relation to an attempt to collect medical debt from

  • Making making a false, deceptive, or misleading representation that the medical debt will be included in a consumer report or factored into a consumer's credit score ; or
  • Failing to disclose that the medical debt will not be included in a consumer report and therefore not factored into a consumer's credit score.

The bill makes exceptions to these prohibitions when unless the information is used in connection with a credit transaction involving, or that may reasonably be expected to involve, a principal amount that exceeds the national conforming loan limit value determined annually by the federal housing finance agency.Section 4 requires a debt collector or collection agency, in its initial written communication to a consumer, to include a statement regarding the new prohibitions.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed

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Bill Text

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