1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *hb0405* |
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6 | 6 | | |
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7 | 7 | | HOUSE BILL 405 |
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8 | 8 | | J3 5lr0988 |
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9 | 9 | | |
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10 | 10 | | By: Prince George’s County Delegation |
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11 | 11 | | Introduced and read first time: January 16, 2025 |
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12 | 12 | | Assigned to: Health and Government Operations |
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13 | 13 | | |
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14 | 14 | | A BILL ENTITLED |
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15 | 15 | | |
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16 | 16 | | AN ACT concerning 1 |
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17 | 17 | | |
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18 | 18 | | Prince George’s County – Hospitals – Sale of Patient Debt 2 |
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19 | 19 | | |
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20 | 20 | | PG 402–25 3 |
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21 | 21 | | |
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22 | 22 | | FOR the purpose of authorizing a hospital to sell the medical debt of patients if the debt is 4 |
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23 | 23 | | sold to Prince George’s County for the purpose of canceling the debt; and generally 5 |
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24 | 24 | | relating to the sale of patient debt to Prince George’s County. 6 |
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25 | 25 | | |
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26 | 26 | | BY repealing and reenacting, without amendments, 7 |
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27 | 27 | | Article – Health – General 8 |
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28 | 28 | | Section 19–214.2(a) 9 |
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29 | 29 | | Annotated Code of Maryland 10 |
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30 | 30 | | (2023 Replacement Volume and 2024 Supplement) 11 |
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31 | 31 | | |
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32 | 32 | | BY repealing and reenacting, with amendments, 12 |
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33 | 33 | | Article – Health – General 13 |
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34 | 34 | | Section 19–214.2(b), (m), and (n) 14 |
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35 | 35 | | Annotated Code of Maryland 15 |
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36 | 36 | | (2023 Replacement Volume and 2024 Supplement) 16 |
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37 | 37 | | |
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38 | 38 | | BY adding to 17 |
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39 | 39 | | Article – Health – General 18 |
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40 | 40 | | Section 19–214.2(m) 19 |
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41 | 41 | | Annotated Code of Maryland 20 |
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42 | 42 | | (2023 Replacement Volume and 2024 Supplement) 21 |
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43 | 43 | | |
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44 | 44 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22 |
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45 | 45 | | That the Laws of Maryland read as follows: 23 |
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46 | 46 | | |
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47 | 47 | | Article – Health – General 24 |
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48 | 48 | | 2 HOUSE BILL 405 |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | 19–214.2. 1 |
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52 | 52 | | |
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53 | 53 | | (a) (1) Each hospital annually shall submit to the Commission: 2 |
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54 | 54 | | |
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55 | 55 | | (i) At times prescribed by the Commission, the hospital’s policy on 3 |
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56 | 56 | | the collection of debts owed by patients; and 4 |
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57 | 57 | | |
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58 | 58 | | (ii) A report including: 5 |
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59 | 59 | | |
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60 | 60 | | 1. The total number of patients by race or ethnicity, gender, 6 |
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61 | 61 | | and zip code of residence against whom the hospital, or a debt collector used by the hospital, 7 |
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62 | 62 | | filed an action to collect a debt owed on a hospital bill; 8 |
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63 | 63 | | |
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64 | 64 | | 2. The total number of patients by race or ethnicity, gender, 9 |
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65 | 65 | | and zip code of residence with respect to whom the hospital has and has not reported or 10 |
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66 | 66 | | classified a bad debt; and 11 |
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67 | 67 | | |
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68 | 68 | | 3. The total dollar amount of the charges for hospital services 12 |
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69 | 69 | | provided to patients but not collected by the hospital for patients covered by insurance, 13 |
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70 | 70 | | including the out–of–pocket costs for patients covered by insurance, and patients without 14 |
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71 | 71 | | insurance. 15 |
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72 | 72 | | |
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73 | 73 | | (2) The Commission shall post the information submitted under paragraph 16 |
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74 | 74 | | (1) of this subsection on its website. 17 |
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75 | 75 | | |
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76 | 76 | | (b) The policy submitted under subsection (a)(1) of this section shall: 18 |
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77 | 77 | | |
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78 | 78 | | (1) Provide for active oversight by the hospital of any contract for collection 19 |
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79 | 79 | | of debts on behalf of the hospital; 20 |
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80 | 80 | | |
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81 | 81 | | (2) [Prohibit] EXCEPT AS PROVIDED IN SUBSECTION (M) OF THIS 21 |
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82 | 82 | | SECTION, PROHIBIT the hospital from selling any debt; 22 |
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83 | 83 | | |
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84 | 84 | | (3) Prohibit the charging of interest on bills incurred by self–pay patients 23 |
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85 | 85 | | before a court judgment is obtained; 24 |
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86 | 86 | | |
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87 | 87 | | (4) Describe in detail the consideration by the hospital of patient income, 25 |
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88 | 88 | | assets, and other criteria; 26 |
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89 | 89 | | |
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90 | 90 | | (5) Prohibit the hospital from reporting to a consumer reporting agency or 27 |
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91 | 91 | | filing a civil action to collect a debt within 180 days after the initial bill is provided; 28 |
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92 | 92 | | |
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93 | 93 | | (6) Describe the hospital’s procedures for collecting a debt; 29 |
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94 | 94 | | |
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95 | 95 | | (7) Describe the circumstances in which the hospital will seek a judgment 30 |
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96 | 96 | | against a patient; 31 |
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97 | 97 | | HOUSE BILL 405 3 |
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98 | 98 | | |
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99 | 99 | | |
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100 | 100 | | (8) In accordance with subsection (c) of this section, provide for a refund of 1 |
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101 | 101 | | amounts collected from a patient or the guarantor of a patient who was later found to be 2 |
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102 | 102 | | eligible for free care within 240 days after the initial bill was provided; 3 |
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103 | 103 | | |
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104 | 104 | | (9) If the hospital has obtained a judgment against or reported adverse 4 |
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105 | 105 | | information to a consumer reporting agency about a patient who later was found to be 5 |
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106 | 106 | | eligible for free care within 240 days after the initial bill was provided for which the 6 |
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107 | 107 | | judgment was awarded or the adverse information was reported, require the hospital to 7 |
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108 | 108 | | seek to vacate the judgment or strike the adverse information; 8 |
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109 | 109 | | |
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110 | 110 | | (10) Provide a mechanism for a patient to: 9 |
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111 | 111 | | |
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112 | 112 | | (i) Request the hospital to reconsider the denial of free or 10 |
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113 | 113 | | reduced–cost care; 11 |
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114 | 114 | | |
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115 | 115 | | (ii) File with the hospital a complaint against the hospital or a debt 12 |
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116 | 116 | | collector used by the hospital regarding the handling of the patient’s bill; and 13 |
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117 | 117 | | |
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118 | 118 | | (iii) Allow the patient and the hospital to mutually agree to modify 14 |
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119 | 119 | | the terms of a payment plan offered under subsection (e) of this section or entered into with 15 |
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120 | 120 | | the patient; and 16 |
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121 | 121 | | |
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122 | 122 | | (11) Prohibit the hospital from collecting additional fees in an amount that 17 |
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123 | 123 | | exceeds the approved charge for the hospital service as established by the Commission for 18 |
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124 | 124 | | which the medical debt is owed on a bill for a patient who is eligible for free or 19 |
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125 | 125 | | reduced–cost care under the hospital’s financial assistance policy. 20 |
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126 | 126 | | |
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127 | 127 | | (M) (1) (I) A HOSPITAL MAY SELL DE BT OWED TO THE HOSPI TAL BY A 21 |
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128 | 128 | | PATIENT FOR HOSPITAL SERVICES TO PRINCE GEORGE’S COUNTY FOR THE SOLE 22 |
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129 | 129 | | PURPOSE OF CANCELING THE DEBT. 23 |
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130 | 130 | | |
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131 | 131 | | (II) THE CONTRACT BETWEEN THE HOSPITAL AND PRINCE 24 |
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132 | 132 | | GEORGE’S COUNTY SHALL STATE TH AT THE SOLE PURPOSE OF THE SALE OF THE 25 |
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133 | 133 | | DEBT IS TO CANCEL THE DEB T. 26 |
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134 | 134 | | |
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135 | 135 | | (III) THE PATIENT IS NOT RESPO NSIBLE TO THE HOSPIT AL OR 27 |
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136 | 136 | | PRINCE GEORGE’S COUNTY FOR ANY AMOUNT OF THE DEBT THAT IS SOLD UNDER 28 |
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137 | 137 | | THIS SUBSECTION OR A NY INTEREST, FEES, OR COSTS ASSOCIATED WITH THE DEBT 29 |
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138 | 138 | | OR THE SALE. 30 |
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139 | 139 | | |
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140 | 140 | | (2) THE COMMISSION SHALL TREAT THE AMOUNTS OF PAYMENTS TO 31 |
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141 | 141 | | HOSPITALS UNDER THIS SUBSECTIO N AS AN OFFSET TO UNCOMPENSATED CARE 32 |
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142 | 142 | | AMOUNTS REPORTED BY HOSPITALS. 33 |
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143 | 143 | | 4 HOUSE BILL 405 |
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144 | 144 | | |
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145 | 145 | | |
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146 | 146 | | (3) IF PRINCE GEORGE’S COUNTY CANCELS A PATI ENT’S DEBT 1 |
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147 | 147 | | UNDER THIS SUBSECTIO N, PRINCE GEORGE’S COUNTY SHALL NOT IFY THE PATIENT 2 |
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148 | 148 | | THAT THE DEBT HAS BE EN CANCELED . 3 |
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149 | 149 | | |
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150 | 150 | | [(m)] (N) The Commission shall review each hospital’s implementation of and 4 |
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151 | 151 | | compliance with the hospital’s policies and the requirements of this section. 5 |
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152 | 152 | | |
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153 | 153 | | [(n)] (O) (1) On or before February 1 each year, beginning in 2023, the 6 |
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154 | 154 | | Commission shall compile the information required under subsection (a) of this section and 7 |
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155 | 155 | | prepare a medical debt collection report based on the compiled information. 8 |
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156 | 156 | | |
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157 | 157 | | (2) The report required under paragraph (1) of this subsection shall be: 9 |
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158 | 158 | | |
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159 | 159 | | (i) Made available to the public free of charge; and 10 |
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160 | 160 | | |
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161 | 161 | | (ii) Submitted to the Senate Finance Committee and the House 11 |
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162 | 162 | | Health and Government Operations Committee in accordance with § 2–1257 of the State 12 |
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163 | 163 | | Government Article. 13 |
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164 | 164 | | |
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165 | 165 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14 |
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166 | 166 | | October 1, 2025. 15 |
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