Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S743 Compare Versions

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22 SENATE DOCKET, NO. 1586 FILED ON: 1/19/2023
33 SENATE . . . . . . . . . . . . . . No. 743
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Lydia Edwards
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to ensure uniform and transparent reporting of medical debt data.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Lydia EdwardsThird SuffolkJames B. EldridgeMiddlesex and Worcester2/11/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/13/2023 1 of 4
1616 SENATE DOCKET, NO. 1586 FILED ON: 1/19/2023
1717 SENATE . . . . . . . . . . . . . . No. 743
1818 By Ms. Edwards, a petition (accompanied by bill, Senate, No. 743) of Lydia Edwards, James B.
1919 Eldridge and Patrick M. O'Connor for legislation to ensure uniform and transparent reporting of
2020 medical debt data. Health Care Financing.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act to ensure uniform and transparent reporting of medical debt data.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Chapter 12C of the General Laws, as appearing in the 2020 Official
3030 2Edition, is hereby amended by inserting in 1 the following new definitions:-
3131 3 “Medical debt”, any debt owed for goods or services provided by a medical facility, a
3232 4provider of health care or a provider of emergency medical services including the financing or an
3333 5extension of credit by a third party for the sole purpose of purchasing goods or services provided
3434 6by a medical facility, a provider of health care or a provider of emergency medical services.
3535 7 “Significant medical debt”, any medical debt owed by an individual exceeding $200.
3636 8 SECTION 2. Chapter 12C of the General Laws, as appearing in the 2020 Official
3737 9Edition, is hereby amended by inserting after section 24 the following new section:-
3838 10 “SECTION 25. Uniform medical debt reporting system. 2 of 4
3939 11 (a) The center shall coordinate with the public health council, the boards of registration
4040 12for providers, the commission board, and the state finance and governance board to develop a
4141 13uniform and interoperable electronic system of public reporting for providers as a prerequisite
4242 14condition for advancing overdue medical bills to a debt collection agency.
4343 15 (b) The uniform medical debt reporting system shall include information designed to
4444 16advise on policy relating to medical debt. The uniform medical debt reporting system shall also
4545 17ensure a comprehensive and transparent analysis of demographic data as it relates to medical
4646 18debt including, but not limited to, rates of medical debt carried in the following demographics:
4747 19(1) race; (2) sex, gender identity, and sexual orientation; (2) disability status; (3) criminal record;
4848 20(4) health status; (5) family and individual income level; (6) education; (7) nation of origin; (8)
4949 21region of residence in the commonwealth; (8) individual and family health insurance status; (8)
5050 22veteran status; (9) age group; (10) chronic condition status; (11) education level; (12) primary
5151 23language; and (13) times between procedures and reporting of debt to a collection agency.
5252 24 (c) The purpose of the uniform medical debt reporting system is to reduce the adverse
5353 25effects of medical debt and to protect patients in matters related to medical creditors, medical
5454 26debt buyers, and medical debt collectors with respect to such debt. As such, the center shall
5555 27collect and analyze data on all aspects related to the purposes of this section including, but not
5656 28limited to, trends of medical debt assignment and collection per provider; rates of medical debt
5757 29qualifying as “significant” as defined in chapter 12C, section 1; the relative concentration of
5858 30individual and family debt per person as compared to the total amount of medical debt in the
5959 31commonwealth; any risks associated with masking medical debt data; the impact of medical debt
6060 32data on public health and welfare; and dating relating to the rate at which those carrying medical
6161 33debts successfully settle such debt. 3 of 4
6262 34 (d) The center may centralize the uniform medical debt reporting system or create a
6363 35central portal for public access to the medical debt data and information. The uniform medical
6464 36debt reporting system shall be accessible to other state agencies and authorities including, but not
6565 37limited to, the commission, the secretary for the executive office of health and human services,
6666 38the department of public health, and the state finance and governance board.
6767 39 (e) The center shall promptly make available to the secretary of the executive office of
6868 40health and human services all data pursuant to paragraph (a) of this section prior to a provider
6969 41sending such debt information to a collection agency.”
7070 42 (f) The center shall coordinate with the commission, through its oversight and control of
7171 43the Healthcare Payment Reform Fund pursuant to chapter 6D, section 7, to receive
7272 44reimbursement funds for the purposes of executing the uniform medical debt reporting system as
7373 45established in this section.
7474 46 SECTION 3. Section 52 of chapter 93 of the General Laws, as appearing in the 2022
7575 47Official Edition, is hereby amended by inserting after clause (6) the following clause:-
7676 48 (7) Information concerning medical debt arising from the receipt of health care services.
7777 49 SECTION 4. Said section 52 of said chapter 93 of the General Laws, as so appearing is
7878 50further amended by striking subsection (b) and inserting in place thereof the following
7979 51subsection:-
8080 52 (b) Except for subsection (7), the provisions of subsection (a) are not applicable in the
8181 53case of any consumer credit report to be used in connection with (1) a credit transaction 4 of 4
8282 54involving, or which may reasonably be expected to involve, a principal amount of fifty thousand
8383 55dollars or more; or -
8484 56 (2) the underwriting of life insurance involving, or which may reasonably be expected to
8585 57involve, a face amount of fifty thousand dollars or more.
8686 58 SECTION 5. Chapter 93, section 52 of the General Laws, as appearing in the 2020
8787 59Official Edition, hereby amended by inserting after subsection (a)(6) the following new
8888 60subsection:-
8989 61 (7) Medical debt which has:
9090 62 (a) not yet been reported to the secretary of the executive office of health and human
9191 63services pursuant to chapter 12C, section 25, subsection c; (b) already been fully paid or settled;
9292 64or
9393 65 (c) existed for less than one year from the date of first acquisition.
9494 66 SECTION 6. Chapter 6D, section 7 of the General Laws, as appearing in the 2020
9595 67Official Edition, hereby amended by inserting after subsection (d)(v) and before subsection
9696 68(d)(vi), which shall now be amended as subsection (d)(vii), the following new subsection:-
9797 69 (vi) to reimburse the center for health information analysis on all funds expended for the
9898 70purposes of executing the uniform medical debt reporting system established in chapter 12C,
9999 71section 25.