Florida 2025 2025 Regular Session

Florida House Bill H0547 Introduced / Bill

Filed 02/11/2025

                       
 
HB 547   	2025 
 
 
 
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A bill to be entitled 1 
An act relating to medical debt; amending s. 395.3011, 2 
F.S.; revising and providing definitions; providing 3 
that certain information relating to medical debt paid 4 
or settled by a consumer or the satisfactory 5 
performance of a consumer meeting the obligations of a 6 
payment plan may be furnished to a consumer reporting 7 
agency under certain circumstances; requiring certain 8 
agencies and providers to adopt reasonable proc edures 9 
for positive consumer credit information from 10 
furnishers of medical debt information for certain 11 
purposes; providing an effective date. 12 
 13 
Be It Enacted by the Legislature of the State of Florida: 14 
 15 
 Section 1.  Section 395.3011, Florida Statutes , is amended 16 
to read: 17 
 395.3011  Billing and collection activities. — 18 
 (1)  As used in this section, the term "extraordinary 19 
collection action" means any of the following actions taken by a 20 
licensed facility against an individual in relation to obtaining 21 
payment of a bill for care covered under the facility's 22 
financial assistance policy : 23 
 (a)  Selling the individual's debt to another party , unless 24 
the debt will not be not subject to interest, fees, or actions 25     
 
HB 547   	2025 
 
 
 
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that require a legal or judicial process under pa ragraph (d), 26 
and provided the debt is returned to the licensed facility if it 27 
is determined that the debt qualifies for charity care under the 28 
facility's financial assistance policy . 29 
 (b)  Reporting adverse information about the individual to 30 
consumer credit reporting agencies or credit bureaus. 31 
 (c)  Deferring, denying, or requiring a payment before 32 
providing medically necessary care because of the individual's 33 
nonpayment of one or more bills for previously provided care 34 
covered under the facility's financ ial assistance policy. 35 
 (d)  Actions that require a legal or judicial process, 36 
including, but not limited to: 37 
 1.  Placing a lien on the individual's property; 38 
 2.  Foreclosing on the individual's real property; 39 
 3.  Attaching or seizing the individual's b ank account or 40 
any other personal property; 41 
 4.  Commencing a civil action against the individual; 42 
 5.  Causing the individual's arrest; or 43 
 6.  Garnishing the individual's wages. 44 
 (2)  A facility may not engage in an extraordinary 45 
collection action against an individual to obtain payment for 46 
services: 47 
 (a)  Before the facility has made reasonable efforts to 48 
determine whether the individual is eligible for assistance 49 
under its financial assistance policy for the care provided and, 50     
 
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if eligible, before a decision is made by the facility on the 51 
patient's application for such financial assistance. 52 
 (b)  Before the facility has provided the individual with 53 
an itemized statement or bill. 54 
 (c)  During an ongoing grievance process as described in s. 55 
395.301(6) or an ongoing appeal of a claim adjudication. 56 
 (d)  Before billing any applicable insurer and allowing the 57 
insurer to adjudicate a claim. 58 
 (e)  For 30 days after notifying the patient in writing, by 59 
certified mail, or by other traceable delivery method, t hat a 60 
collection action will commence absent additional action by the 61 
patient. 62 
 (f)  While the individual: 63 
 1.  Negotiates in good faith the final amount of a bill for 64 
services rendered; or 65 
 2.  Complies with all terms of a payment plan with the 66 
facility. 67 
 (3)(a)  As used in this subsection: 68 
 1.  "Furnisher of medical debt information" means an entity 69 
that owns the medical debt account and provides to a consumer 70 
reporting agency information pertaining to transactions, 71 
accounts, balances, repayment terms, re payment history, and 72 
similar information relating to medical debts. 73 
 2.  "Medical debt" means a debt arising from the receipt of 74 
medical services, products, or devices. 75     
 
HB 547   	2025 
 
 
 
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 (b)  Information relating to medical debt paid or settled 76 
by a consumer may be furnish ed to a consumer reporting agency. 77 
 (c)  Information relating to the satisfactory performance 78 
of a consumer meeting the obligations of a payment plan may be 79 
furnished to a consumer reporting agency if: 80 
 1.  The medical debt owner and the consumer have ente red 81 
into a payment plan, including a deferred payment agreement or a 82 
debt forgiveness program with respect to medical debt. 83 
 2.  The consumer is meeting the obligations of the payment 84 
plan, as determined by the medical debt owner. 85 
 (d)  Consumer reporting agencies and credit scoring service 86 
providers shall adopt reasonable procedures for positive 87 
consumer credit information from a furnisher of medical debt 88 
information so that such information is: 89 
 1.  Included in a consumer report used in whole or in part 90 
for the purpose of serving as a factor in establishing a 91 
consumer's eligibility for credit, employment purposes, and 92 
other purposes authorized by this subsection. 93 
 2.  Used in the generation of any credit score. 94 
 3.  Provided in a manner that is fair to the consumer, with 95 
regard to the confidentiality, accuracy, relevancy, and proper 96 
use of such information in accordance with the requirements of 97 
this subsection. 98 
 Section 2. This act shall take effect July 1, 2025. 99