Old | New | Differences | |
---|---|---|---|
1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | 4 | [Brackets] indicate matter deleted from existing law. | |
5 | - | Underlining indicates amendments to bill. | |
6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | - | amendment. | |
8 | 5 | *hb0765* | |
9 | 6 | ||
10 | 7 | HOUSE BILL 765 | |
11 | 8 | J3 EMERGENCY BILL 5lr0749 | |
12 | 9 | SB 1006/24 – FIN | |
13 | - | By: Delegate Ivey Delegates Ivey, Spiegel, Pena –Melnyk, Cullison, Alston, | |
14 | - | Bagnall, Bhandari, Guzzone, Hill, S. Johnson, Kaiser, Kerr, Lopez, | |
15 | - | Martinez, Rosenberg, Taveras, White Holland, Woods, Woorman, and Ross | |
10 | + | By: Delegate Ivey | |
16 | 11 | Introduced and read first time: January 29, 2025 | |
17 | 12 | Assigned to: Health and Government Operations | |
18 | - | Committee Report: Favorable with amendments | |
19 | - | House action: Adopted | |
20 | - | Read second time: March 1, 2025 | |
21 | 13 | ||
22 | - | ||
14 | + | A BILL ENTITLED | |
23 | 15 | ||
24 | 16 | AN ACT concerning 1 | |
25 | 17 | ||
26 | 18 | Hospitals – Medical Debt Collection – Sale of Patient Debt 2 | |
27 | 19 | ||
28 | 20 | FOR the purpose of authorizing a hospital, under certain circumstances, to sell the medical 3 | |
29 | 21 | debt of patients if the debt is sold to a governmental unit or an entity under contract 4 | |
30 | - | with the unit | |
31 | - | ||
32 | - | ||
33 | - | ||
34 | - | ||
35 | - | ||
36 | - | ||
22 | + | with the unit for the purpose of canceling the debt; requiring that a hospital’s 5 | |
23 | + | financial policy require the hospital to dismiss actions pending against a patient for 6 | |
24 | + | the collection of debt that was sold and prohibit the hospital from engaging in 7 | |
25 | + | specified collection activities on patient debt that was sold; requiring a purchaser of 8 | |
26 | + | medical debt to notify the patient of certain information and to take certain other 9 | |
27 | + | actions; and generally relating to hospital debt collection policies and the sale of 10 | |
28 | + | patient debt. 11 | |
37 | 29 | ||
38 | 30 | BY repealing and reenacting, with amendments, 12 | |
39 | 31 | Article – Health – General 13 | |
40 | 32 | Section 19–214.2(a), (b), (f), (m), and (n) and 19–219(a)(3) 14 | |
41 | 33 | Annotated Code of Maryland 15 | |
42 | 34 | (2023 Replacement Volume and 2024 Supplement) 16 | |
43 | 35 | ||
44 | 36 | BY adding to 17 | |
45 | 37 | Article – Health – General 18 | |
46 | 38 | Section 19–214.2(m) 19 | |
47 | 39 | Annotated Code of Maryland 20 | |
48 | - | (2023 Replacement Volume and 2024 Supplement) 21 2 HOUSE BILL 765 | |
40 | + | (2023 Replacement Volume and 2024 Supplement) 21 | |
41 | + | ||
42 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22 | |
43 | + | That the Laws of Maryland read as follows: 23 | |
44 | + | ||
45 | + | Article – Health – General 24 | |
46 | + | ||
47 | + | 19–214.2. 25 | |
48 | + | 2 HOUSE BILL 765 | |
49 | + | ||
50 | + | ||
51 | + | (a) (1) Each hospital annually shall submit to the Commission: 1 | |
52 | + | ||
53 | + | (i) At times prescribed by the Commission, the hospital’s policy on 2 | |
54 | + | the collection of debts owed by patients; and 3 | |
55 | + | ||
56 | + | (ii) A report including: 4 | |
57 | + | ||
58 | + | 1. The total number of patients by race or ethnicity, gender, 5 | |
59 | + | and zip code of residence against whom the hospital, or a debt collector used by the hospital, 6 | |
60 | + | filed an action to collect a debt owed on a hospital bill; 7 | |
61 | + | ||
62 | + | 2. The total number of patients by race or ethnicity, gender, 8 | |
63 | + | and zip code of residence with respect to whom the hospital has and has not reported or 9 | |
64 | + | classified a bad debt; [and] 10 | |
65 | + | ||
66 | + | 3. The total dollar amount of the charges for hospital services 11 | |
67 | + | provided to patients but not collected by the hospital for patients covered by insurance, 12 | |
68 | + | including the out–of–pocket costs for patients covered by insurance, and patients without 13 | |
69 | + | insurance; AND 14 | |
70 | + | ||
71 | + | 4. FOR HOSPITAL DEBTS OW ED BY PATIENTS OF TH E 15 | |
72 | + | HOSPITAL THAT THE HO SPITAL SOLD TO A GOVE RNMENTAL UNIT OR CON TRACTOR 16 | |
73 | + | UNDER SUBSECTION (M) OF THIS SECTION: 17 | |
74 | + | ||
75 | + | A. THE TOTAL DOLLAR AMOU NT OF THE DEBT SOLD BY 18 | |
76 | + | THE HOSPITAL FOR THE REPORTING YEAR ; 19 | |
77 | + | ||
78 | + | B. THE TOTAL DOLLAR AMOU NT PAID TO THE HOSPI TAL 20 | |
79 | + | BY THE UNIT OR CONTR ACTOR WH O PURCHASED THE DEBT ; AND 21 | |
80 | + | ||
81 | + | C. THE TOTAL NUMBER OF P ATIENTS WHOSE DEBT W AS 22 | |
82 | + | SOLD, IN FULL OR IN PART , TO THE UNIT OR CONTR ACTOR WHO PURCHASED THE 23 | |
83 | + | DEBT. 24 | |
84 | + | ||
85 | + | (2) The Commission shall post the information submitted under paragraph 25 | |
86 | + | (1) of this subsection on its website. 26 | |
87 | + | ||
88 | + | (b) The policy submitted under subsection (a)(1) of this section shall: 27 | |
89 | + | ||
90 | + | (1) Provide for active oversight by the hospital of any contract for collection 28 | |
91 | + | of debts on behalf of the hospital; 29 | |
92 | + | ||
93 | + | (2) [Prohibit] EXCEPT AS PROVIDED IN SUBSECTION (M) OF THIS 30 | |
94 | + | SECTION, PROHIBIT the hospital from selling any debt; 31 | |
95 | + | HOUSE BILL 765 3 | |
96 | + | ||
97 | + | ||
98 | + | (3) Prohibit the charging of interest on bills incurred by self–pay patients 1 | |
99 | + | before a court judgment is obtained; 2 | |
100 | + | ||
101 | + | (4) Describe in detail the consideration by the hospital of patient income, 3 | |
102 | + | assets, and other criteria; 4 | |
103 | + | ||
104 | + | (5) Prohibit the hospital from reporting to a consumer reporting agency or 5 | |
105 | + | filing a civil action to collect a debt within 180 days after the initial bill is provided; 6 | |
106 | + | ||
107 | + | (6) Describe the hospital’s procedures for collecting a debt; 7 | |
108 | + | ||
109 | + | (7) Describe the circumstances in which the hospital will seek a judgment 8 | |
110 | + | against a patient; 9 | |
111 | + | ||
112 | + | (8) In accordance with subsection (c) of this section, provide for a refund of 10 | |
113 | + | amounts collected from a patient or the guarantor of a patient who was later found to be 11 | |
114 | + | eligible for free care within 240 days after the initial bill was provided; 12 | |
115 | + | ||
116 | + | (9) If the hospital has obtained a judgment against or reported adverse 13 | |
117 | + | information to a consumer reporting agency about a patient who later was found to be 14 | |
118 | + | eligible for free care within 240 days after the initial bill was provided for which the 15 | |
119 | + | judgment was awarded or the adverse information was reported, require the hospital to 16 | |
120 | + | seek to vacate the judgment or strike the adverse information; 17 | |
121 | + | ||
122 | + | (10) Provide a mechanism for a patient to: 18 | |
123 | + | ||
124 | + | (i) Request the hospital to reconsider the denial of free or 19 | |
125 | + | reduced–cost care; 20 | |
126 | + | ||
127 | + | (ii) File with the hospital a complaint against the hospital or a debt 21 | |
128 | + | collector used by the hospital regarding the handling of the patient’s bill; and 22 | |
129 | + | ||
130 | + | (iii) Allow the patient and the hospital to mutually agree to modify 23 | |
131 | + | the terms of a payment plan offered under subsection (e) of this section or entered into with 24 | |
132 | + | the patient; [and] 25 | |
133 | + | ||
134 | + | (11) Prohibit the hospital from collecting additional fees in an amount that 26 | |
135 | + | exceeds the approved charge for the hospital service as established by the Commission for 27 | |
136 | + | which the medical debt is owed on a bill for a patient who is eligible for free or 28 | |
137 | + | reduced–cost care under the hospital’s financial assistance policy; 29 | |
138 | + | ||
139 | + | (12) REQUIRE THE HOSPITAL TO DISMISS ACTIONS P ENDING AGAINST 30 | |
140 | + | A PATIENT FOR COLLEC TION OF DEBT THAT WA S SOLD UNDER SUBSECT ION (M) OF 31 | |
141 | + | THIS SECTION; AND 32 | |
142 | + | ||
143 | + | (13) PROHIBIT THE HOSPITAL FROM: 33 4 HOUSE BILL 765 | |
49 | 144 | ||
50 | 145 | ||
51 | 146 | ||
52 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 | |
53 | - | That the Laws of Maryland read as follows: 2 | |
147 | + | (I) ENGAGING IN COLLECTIO N ACTIVITIES ON 100% OF THE 1 | |
148 | + | OUTSTANDING AMOUNT O F THE COMMISSION–SET CHARGE FOR DEBT SOLD UNDER 2 | |
149 | + | SUBSECTION (M) OF THIS SECTION; AND 3 | |
54 | 150 | ||
55 | - | Article – Health – General 3 | |
151 | + | (II) COLLECTING ON JUDGMEN TS ENTERED INTO ON P ATIENT 4 | |
152 | + | DEBT THAT WAS SOLD U NDER SUBSECTION (M) OF THIS SECTION . 5 | |
56 | 153 | ||
57 | - | 19–214.2. 4 | |
154 | + | (f) (1) For at least 180 days after issuing an initial patient bill, a hospital may 6 | |
155 | + | not report adverse information about a patient to a consumer reporting agency or 7 | |
156 | + | commence civil action against a patient for nonpayment. 8 | |
58 | 157 | ||
59 | - | (a) (1) Each hospital annually shall submit to the Commission: 5 | |
158 | + | (2) A hospital shall report the fulfillment of a patient’s payment obligation 9 | |
159 | + | within 60 days after the obligation is fulfilled to any consumer reporting agency to which 10 | |
160 | + | the hospital had reported adverse information about the patient, INCLUDING IF THE DEB T 11 | |
161 | + | WAS SOLD UNDER SUBSE CTION (M) OF THIS SECTION . 12 | |
60 | 162 | ||
61 | - | (i) At times prescribed by the Commission, the hospital’s policy on 6 | |
62 | - | the collection of debts owed by patients; and 7 | |
163 | + | (3) A hospital may not report adverse information to a consumer reporting 13 | |
164 | + | agency regarding a patient who at the time of service was uninsured or eligible for free or 14 | |
165 | + | reduced–cost care under § 19–214.1 of this subtitle. 15 | |
63 | 166 | ||
64 | - | (ii) A report including: 8 | |
167 | + | (4) A hospital may not report adverse information about a patient to a 16 | |
168 | + | consumer reporting agency, commence a civil action against a patient for nonpayment, or 17 | |
169 | + | delegate collection activity to a debt collector: 18 | |
65 | 170 | ||
66 | - | | |
67 | - | ||
68 | - | ||
171 | + | (i) If the hospital was notified in accordance with federal law by the 19 | |
172 | + | patient or the insurance carrier that an appeal or a review of a health insurance decision 20 | |
173 | + | is pending within the immediately preceding 60 days; [or] 21 | |
69 | 174 | ||
70 | - | | |
71 | - | ||
72 | - | ||
175 | + | (ii) If the hospital has completed a requested reconsideration of the 22 | |
176 | + | denial of free or reduced–cost care that was appropriately completed by the patient within 23 | |
177 | + | the immediately preceding 60 days; OR 24 | |
73 | 178 | ||
74 | - | 3. The total dollar amount of the charges for hospital services 15 | |
75 | - | provided to patients but not collected by the hospital for patients covered by insurance, 16 | |
76 | - | including the out–of–pocket costs for patients covered by insurance, and patients without 17 | |
77 | - | insurance; AND 18 | |
179 | + | (III) IF THE HOSPITAL SOLD THE DEBT UNDER SUBSE CTION (M) 25 | |
180 | + | OF THIS SECTION . 26 | |
78 | 181 | ||
79 | - | | |
80 | - | ||
81 | - | ||
182 | + | (5) If a hospital has reported adverse information about a patient to a 27 | |
183 | + | consumer reporting agency, the hospital shall instruct the consumer reporting agency to 28 | |
184 | + | delete the adverse information about the patient: 29 | |
82 | 185 | ||
83 | - | A. THE TOTAL DOLLAR AMOU NT OF THE DEBT SOLD BY 22 | |
84 | - | THE HOSPITAL FOR THE REPORTING YEAR ; 23 | |
186 | + | (i) If the hospital was informed by the patient or the insurance 30 | |
187 | + | carrier that an appeal or a review of a health insurance decision is pending, and until 60 31 | |
188 | + | days after the appeal is complete; or 32 | |
85 | 189 | ||
86 | - | B. THE TOTAL DOLLAR AMOU NT PAID TO THE HOSPI TAL 24 | |
87 | - | BY THE UNIT OR, CONTRACTOR , OR NONPROFIT ORGANIZ ATION WHO PURCHASED 25 | |
88 | - | THE DEBT; AND 26 | |
89 | - | ||
90 | - | C. THE TOTAL NUMBER OF P ATIENTS WHOSE DEBT W AS 27 | |
91 | - | SOLD, IN FULL OR IN PART , TO THE UNIT OR, CONTRACTOR , OR NONPROFIT 28 | |
92 | - | ORGANIZATION WHO PURCHASED THE DE BT. 29 | |
93 | - | ||
94 | - | (2) The Commission shall post the information submitted under paragraph 30 | |
95 | - | (1) of this subsection on its website. 31 | |
96 | - | HOUSE BILL 765 3 | |
190 | + | (ii) Until 60 days after the hospital has completed a requested 33 | |
191 | + | reconsideration of the denial of free or reduced–cost care. 34 HOUSE BILL 765 5 | |
97 | 192 | ||
98 | 193 | ||
99 | - | (b) The policy submitted under subsection (a)(1) of this section shall: 1 | |
100 | 194 | ||
101 | - | (1) Provide for active oversight by the hospital of any contract for collection 2 | |
102 | - | of debts on behalf of the hospital; 3 | |
195 | + | (M) (1) (I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A 1 | |
196 | + | HOSPITAL MAY SELL DEBT OWE D TO THE HOSPITAL BY A PATIENT FOR HOSPIT AL 2 | |
197 | + | SERVICES TO A GOVERN MENTAL UNIT OR AN EN TITY THAT IS UNDER C ONTRACT 3 | |
198 | + | WITH THE UNIT FOR TH E SOLE PURPOSE OF CA NCELING THE DEBT . 4 | |
103 | 199 | ||
104 | - | (2) [Prohibit] EXCEPT AS PROVIDED IN SUBSECTION (M) OF THIS 4 | |
105 | - | SECTION, PROHIBIT the hospital from selling any debt; 5 | |
200 | + | (II) THE CONTRACT BETWEEN THE HOSPITAL AND THE 5 | |
201 | + | GOVERNMENTAL UN IT OR CONTRACTOR PUR CHASING THE DEBT UND ER THIS 6 | |
202 | + | SUBSECTION SHALL STA TE THAT THE SOLE PURPOS E OF THE SALE OF THE DEBT IS 7 | |
203 | + | TO CANCEL THE DEBT . 8 | |
106 | 204 | ||
107 | - | (3) Prohibit the charging of interest on bills incurred by self–pay patients 6 | |
108 | - | before a court judgment is obtained; 7 | |
205 | + | (III) THE PATIENT IS NOT RE SPONSIBLE TO THE HOS PITAL, THE 9 | |
206 | + | GOVERNMENTAL UNIT , OR THE CONTRACTOR FO R ANY AMOUNT OF THE DEBT THAT 10 | |
207 | + | IS SOLD UNDER THIS S UBSECTION OR ANY INT EREST, FEES, OR COSTS ASSOCIATED 11 | |
208 | + | WITH THE DEBT OR THE SALE. 12 | |
109 | 209 | ||
110 | - | (4) Describe in detail the consideration by the hospital of patient income, 8 | |
111 | - | assets, and other criteria; 9 | |
210 | + | (2) DEBT SOLD UNDER THIS SUBSECTION: 13 | |
112 | 211 | ||
113 | - | ( | |
114 | - | ||
212 | + | (I) MUST BE FOR HOSPITAL SERVICES PROVIDED AT LEAST 2 14 | |
213 | + | YEARS BEFORE THE DAT E OF THE SALE; 15 | |
115 | 214 | ||
116 | - | (6) Describe the hospital’s procedures for collecting a debt; 12 | |
215 | + | (II) MAY NOT BE EXPECTED T O YIELD ADDITIONAL 16 | |
216 | + | REIMBURSEMENTS FROM A THIRD–PARTY PAYOR; 17 | |
117 | 217 | ||
118 | - | ( | |
119 | - | ||
218 | + | (III) MAY NOT BE SUBJECT TO AN OPEN APPEAL WITH AN 18 | |
219 | + | INSURANCE COMPANY ; AND 19 | |
120 | 220 | ||
121 | - | (8) In accordance with subsection (c) of this section, provide for a refund of 15 | |
122 | - | amounts collected from a patient or the guarantor of a patient who was later found to be 16 | |
123 | - | eligible for free care within 240 days after the initial bill was provided; 17 | |
221 | + | (IV) MUST BE FOR AN INDIVI DUAL WHOSE FAMILY IN COME IS AT 20 | |
222 | + | OR BELOW 500% OF THE FEDERAL POVERTY LEVEL OR WHO HAS MEDICAL DEBT 21 | |
223 | + | EXCEEDING 5% OF THE INDIVIDUAL ’S FAMILY INCOME , AS DETERMINED BY THE 22 | |
224 | + | GOVERNMENTAL UNIT OR CONTRACTOR PURCHASIN G THE DEBT. 23 | |
124 | 225 | ||
125 | - | (9) If the hospital has obtained a judgment against or reported adverse 18 | |
126 | - | information to a consumer reporting agency about a patient who later was found to be 19 | |
127 | - | eligible for free care within 240 days after the initial bill was provided for which the 20 | |
128 | - | judgment was awarded or the adverse information was reported, require the hospital to 21 | |
129 | - | seek to vacate the judgment or strike the adverse information; 22 | |
226 | + | (3) DEBT SOLD UNDER THIS SUBSECTION MAY BE SO LD WITH A 24 | |
227 | + | REDUCTION OF COMMISSION CHARGES . 25 | |
130 | 228 | ||
131 | - | (10) Provide a mechanism for a patient to: 23 | |
229 | + | (4) THE COMMISSION SHALL TREA T THE AMOUNT OF PAYM ENTS TO 26 | |
230 | + | HOSPITALS UNDER THIS SUBSECTION AS AN OFF SET TO UNCOMPENSATED CARE 27 | |
231 | + | AMOUNTS REPORTED BY HOSPITALS. 28 | |
132 | 232 | ||
133 | - | (i) Request the hospital to reconsider the denial of free or 24 | |
134 | - | reduced–cost care; 25 | |
233 | + | (5) THE PURCHASER OF THE DEBT SHALL: 29 | |
135 | 234 | ||
136 | - | (ii) File with the hospital a complaint against the hospital or a debt 26 | |
137 | - | collector used by the hospital regarding the handling of the patient’s bill; and 27 | |
138 | - | ||
139 | - | (iii) Allow the patient and the hospital to mutually agree to modify 28 | |
140 | - | the terms of a payment plan offered under subsection (e) of this section or entered into with 29 | |
141 | - | the patient; [and] 30 | |
142 | - | ||
143 | - | (11) Prohibit the hospital from collecting additional fees in an amount that 31 | |
144 | - | exceeds the approved charge for the hospital service as established by the Commission for 32 4 HOUSE BILL 765 | |
145 | - | ||
146 | - | ||
147 | - | which the medical debt is owed on a bill for a patient who is eligible for free or 1 | |
148 | - | reduced–cost care under the hospital’s financial assistance policy; 2 | |
149 | - | ||
150 | - | (12) REQUIRE THE HOSPITAL TO DISMISS ACTIONS P ENDING AGAINST 3 | |
151 | - | A PATIENT FOR COLLEC TION OF DEBT THAT WA S SOLD UNDER SUBSECT ION (M) OF 4 | |
152 | - | THIS SECTION; AND 5 | |
153 | - | ||
154 | - | (13) PROHIBIT THE HOSPITAL FROM: 6 | |
155 | - | ||
156 | - | (I) ENGAGING IN COLLECTION ACTIVITIE S ON 100% OF THE 7 | |
157 | - | OUTSTANDING AMOUNT O F THE COMMISSION–SET CHARGE FOR DEBT SOLD UNDER 8 | |
158 | - | SUBSECTION (M) OF THIS SECTION; AND 9 | |
159 | - | ||
160 | - | (II) COLLECTING ON JUDGMEN TS ENTERED INTO ON P ATIENT 10 | |
161 | - | DEBT THAT WAS SOLD U NDER SUBSECTION (M) OF THIS SECTION . 11 | |
162 | - | ||
163 | - | (f) (1) For at least 180 days after issuing an initial patient bill, a hospital may 12 | |
164 | - | not report adverse information about a patient to a consumer reporting agency or 13 | |
165 | - | commence civil action against a patient for nonpayment. 14 | |
166 | - | ||
167 | - | (2) A hospital shall report the fulfillment of a patient’s payment obligation 15 | |
168 | - | within 60 days after the obligation is fulfilled to any consumer reporting agency to which 16 | |
169 | - | the hospital had reported adverse information about the patient, INCLUDING IF THE DEB T 17 | |
170 | - | WAS SOLD UNDER SUBSE CTION (M) OF THIS SECTION. 18 | |
171 | - | ||
172 | - | (3) A hospital may not report adverse information to a consumer reporting 19 | |
173 | - | agency regarding a patient who at the time of service was uninsured or eligible for free or 20 | |
174 | - | reduced–cost care under § 19–214.1 of this subtitle. 21 | |
175 | - | ||
176 | - | (4) A hospital may not report adverse information about a patient to a 22 | |
177 | - | consumer reporting agency, commence a civil action against a patient for nonpayment, or 23 | |
178 | - | delegate collection activity to a debt collector: 24 | |
179 | - | ||
180 | - | (i) If the hospital was notified in accordance with federal law by the 25 | |
181 | - | patient or the insurance carrier that an appeal or a review of a health insurance decision 26 | |
182 | - | is pending within the immediately preceding 60 days; [or] 27 | |
183 | - | ||
184 | - | (ii) If the hospital has completed a requested reconsideration of the 28 | |
185 | - | denial of free or reduced–cost care that was appropriately completed by the patient within 29 | |
186 | - | the immediately preceding 60 days; OR 30 | |
187 | - | ||
188 | - | (III) IF THE HOSPITAL SOLD THE DEBT UNDER SUBSE CTION (M) 31 | |
189 | - | OF THIS SECTION . 32 | |
190 | - | HOUSE BILL 765 5 | |
191 | - | ||
192 | - | ||
193 | - | (5) If a hospital has reported adverse information about a patient to a 1 | |
194 | - | consumer reporting agency, the hospital shall instruct the consumer reporting agency to 2 | |
195 | - | delete the adverse information about the patient: 3 | |
196 | - | ||
197 | - | (i) If the hospital was informed by the patient or the insurance 4 | |
198 | - | carrier that an appeal or a review of a health insurance decision is pending, and until 60 5 | |
199 | - | days after the appeal is complete; or 6 | |
200 | - | ||
201 | - | (ii) Until 60 days after the hospital has completed a requested 7 | |
202 | - | reconsideration of the denial of free or reduced–cost care. 8 | |
203 | - | ||
204 | - | (M) (1) (I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A 9 | |
205 | - | HOSPITAL MAY SELL DE BT OWED TO THE HOSPI TAL BY A PATIENT FOR HOSPITAL 10 | |
206 | - | SERVICES TO A GOVERN MENTAL UNIT OR AN EN TITY THAT IS UNDER C ONTRACT 11 | |
207 | - | WITH THE UNIT OR TO A NONPROFIT OR GANIZATION THAT IS E XEMPT FROM 12 | |
208 | - | TAXATION UNDER § 501(C)(3) OF THE INTERNAL REVENUE CODE FOR THE SOLE 13 | |
209 | - | PURPOSE OF CANCELING THE DEBT. 14 | |
210 | - | ||
211 | - | (II) THE CONTRACT BETWEEN THE HOSPITAL AND THE 15 | |
212 | - | GOVERNMENTAL UNIT OR, CONTRACTOR , OR NONPROFIT ORGANIZ ATION 16 | |
213 | - | PURCHASING THE DEBT UNDER THIS SUBSECTIO N SHALL STATE THAT THE SOLE 17 | |
214 | - | PURPOSE OF THE SALE OF THE DEBT IS TO CANCEL THE DEB T. 18 | |
215 | - | ||
216 | - | (III) THE PATIENT IS NOT RE SPONSIBLE TO THE HOS PITAL, THE 19 | |
217 | - | GOVERNMENTAL UNIT , OR THE CONTRACTOR , OR THE NONPROFIT ORG ANIZATION 20 | |
218 | - | FOR ANY AMOUNT OF TH E DEBT THAT IS SOLD UNDER THIS SUBSECTIO N OR ANY 21 | |
219 | - | INTEREST, FEES, OR COSTS ASSOCIATED WITH THE DEBT OR THE SALE. 22 | |
220 | - | ||
221 | - | (2) DEBT SOLD UNDER THIS SUBSECTION: 23 | |
222 | - | ||
223 | - | (I) MUST BE FOR HOSPITAL SERVICES PROVIDED AT LEAST 2 24 | |
224 | - | YEARS BEFORE THE DAT E OF THE SALE; 25 | |
225 | - | ||
226 | - | (II) MAY NOT BE EXPECTED T O YIELD ADDITIONAL 26 | |
227 | - | REIMBURSEMENTS FROM A THIRD–PARTY PAYOR; 27 | |
228 | - | ||
229 | - | (III) MAY NOT BE SUBJECT TO AN OPEN APPEAL WITH AN 28 | |
230 | - | INSURANCE COMPANY ; AND 29 | |
231 | - | ||
232 | - | (IV) MUST BE FOR AN INDIVI DUAL WHOSE FAMILY IN COME IS AT 30 | |
233 | - | OR BELOW 500% OF THE FEDERAL POVER TY LEVEL OR WHO HAS MEDICAL DEBT 31 | |
234 | - | EXCEEDING 5% OF THE INDIVIDUAL ’S FAMILY INCOME , AS DETERMINED BY THE 32 | |
235 | - | GOVERNMENTAL UNIT OR, CONTRACTOR , OR NONPROFIT ORGANIZ ATION 33 | |
236 | - | PURCHASING THE DEBT . 34 | |
235 | + | (I) NOTIFY THE PATIENT TH AT THE DEBT HAS BEEN 30 | |
236 | + | CANCELED; AND 31 | |
237 | 237 | 6 HOUSE BILL 765 | |
238 | 238 | ||
239 | 239 | ||
240 | - | (3) DEBT SOLD UNDER THIS SUBSECTION MAY BE SO LD WITH A 1 | |
241 | - | REDUCTION OF COMMISSION CHARGES . 2 | |
240 | + | (II) IF THE HOSPITAL OBTAI NED A JUDGMENT AGAIN ST THE 1 | |
241 | + | PATIENT OR REPORTED ADVERSE INFORMATION TO A CONSUMER REPORT ING 2 | |
242 | + | AGENCY ABOUT THE PAT IENT, SEEK TO VACATE THE J UDGMENT OR STRIKE TH E 3 | |
243 | + | ADVERSE INFORMATION . 4 | |
242 | 244 | ||
243 | - | (4) THE COMMISSION SHALL TREA T THE AMOUNT O F PAYMENTS TO 3 | |
244 | - | HOSPITALS UNDER THIS SUBSECTION AS AN OFF SET TO UNCOMPENSATED CARE 4 | |
245 | - | AMOUNTS REPORTED BY HOSPITALS. 5 | |
245 | + | [(m)] (N) The Commission shall review each hospital’s implementation of and 5 | |
246 | + | compliance with the hospital’s policies and the requirements of this section. 6 | |
246 | 247 | ||
247 | - | (5) THE PURCHASER OF THE DEBT SHALL: 6 | |
248 | + | [(n)] (O) (1) On or before February 1 each year, beginning in 2023, the 7 | |
249 | + | Commission shall compile the information required under subsection (a) of this section and 8 | |
250 | + | prepare a medical debt collection report based on the compiled information. 9 | |
248 | 251 | ||
249 | - | (I) NOTIFY THE PATIENT TH AT THE DEBT HAS BEEN 7 | |
250 | - | CANCELED; AND 8 | |
252 | + | (2) The report required under paragraph (1) of this subsection shall be: 10 | |
251 | 253 | ||
252 | - | (II) IF THE HOSPITAL OBTAI NED A JUDGMENT AGAINST THE 9 | |
253 | - | PATIENT OR REPORTED ADVERSE INFORMATION TO A CONSUMER REPORT ING 10 | |
254 | - | AGENCY ABOUT THE PAT IENT, SEEK TO VACATE THE J UDGMENT OR STRIKE TH E 11 | |
255 | - | ADVERSE INFORMATION . 12 | |
254 | + | (i) Made available to the public free of charge; and 11 | |
256 | 255 | ||
257 | - | [(m)] (N) The Commission shall review each hospital’s implementation of and 13 | |
258 | - | compliance with the hospital’s policies and the requirements of this section. 14 | |
256 | + | (ii) Submitted to the Senate Finance Committee and the House 12 | |
257 | + | Health and Government Operations Committee in accordance with § 2–1257 of the State 13 | |
258 | + | Government Article. 14 | |
259 | 259 | ||
260 | - | [(n)] (O) (1) On or before February 1 each year, beginning in 2023, the 15 | |
261 | - | Commission shall compile the information required under subsection (a) of this section and 16 | |
262 | - | prepare a medical debt collection report based on the compiled information. 17 | |
260 | + | 19–219. 15 | |
263 | 261 | ||
264 | - | (2) The report required under paragraph (1) of this subsection shall be: 18 | |
262 | + | (a) The Commission may review the costs, and rates, quality, and efficiency of 16 | |
263 | + | facility services, and make any investigation that the Commission considers necessary to 17 | |
264 | + | assure each purchaser of health care facility services that: 18 | |
265 | 265 | ||
266 | - | (i) Made available to the public free of charge; and 19 | |
266 | + | (3) [The] EXCEPT AS PROVIDED IN § 19–214.2(M) OF THIS SUBTITLE , 19 | |
267 | + | THE rates are set equitably among all purchasers or classes of purchasers without undue 20 | |
268 | + | discrimination or preference. 21 | |
267 | 269 | ||
268 | - | (ii) Submitted to the Senate Finance Committee and the H ouse 20 | |
269 | - | Health and Government Operations Committee in accordance with § 2–1257 of the State 21 | |
270 | - | Government Article. 22 | |
270 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 22 | |
271 | + | measure, is necessary for the immediate preservation of the public health or safety, has 23 | |
272 | + | been passed by a yea and nay vote supported by three–fifths of all the members elected to 24 | |
273 | + | each of the two Houses of the General Assembly, and shall take effect from the date it is 25 | |
274 | + | enacted. It shall remain effective through December 31, 2027, and, at the end of December 26 | |
275 | + | 31, 2027, this Act, with no further action required by the General Assembly, shall be 27 | |
276 | + | abrogated and of no further force and effect. 28 | |
271 | 277 | ||
272 | - | 19–219. 23 | |
273 | - | ||
274 | - | (a) The Commission may review the costs, and rates, quality, and efficiency of 24 | |
275 | - | facility services, and make any investigation that the Commission considers necessary to 25 | |
276 | - | assure each purchaser of health care facility services that: 26 | |
277 | - | ||
278 | - | (3) [The] EXCEPT AS PROVIDED IN § 19–214.2(M) OF THIS SUBTITLE , 27 | |
279 | - | THE rates are set equitably among all purchasers or classes of purchasers without undue 28 | |
280 | - | discrimination or preference. 29 | |
281 | - | ||
282 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 30 | |
283 | - | measure, is necessary for the immediate preservation of the public health or safety, has 31 | |
284 | - | been passed by a yea and nay vote supported by three–fifths of all the members elected to 32 | |
285 | - | each of the two Houses of the General Assembly, and shall take effect from the date it is 33 HOUSE BILL 765 7 | |
286 | - | ||
287 | - | ||
288 | - | enacted July 1, 2025. It shall remain effective through December 31, 2027, and, at the end 1 | |
289 | - | of December 31, 2027 for a period of 3 years and, at the end of June 30, 2028, this Act, with 2 | |
290 | - | no further action required by the General Assembly, shall be abrogated and of no further 3 | |
291 | - | force and effect. 4 | |
292 | - | ||
293 | - | ||
294 | - | ||
295 | - | ||
296 | - | ||
297 | - | Approved: | |
298 | - | ________________________________________________________________________________ | |
299 | - | Governor. | |
300 | - | ________________________________________________________________________________ | |
301 | - | Speaker of the House of Delegates. | |
302 | - | ________________________________________________________________________________ | |
303 | - | President of the Senate. |