EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb0349* SENATE BILL 349 N1, D3 5lr1743 HB 673/24 – HGO CF HB 428 By: Senator Love Introduced and read first time: January 16, 2025 Assigned to: Judicial Proceedings Committee Report: Favorable with amendments Senate action: Adopted Read second time: February 22, 2025 CHAPTER ______ AN ACT concerning 1 Medical Debt – Complaints for Money Judgment and Real Property Liens 2 FOR the purpose of establishing certain requirements for a complaint for a money 3 judgment; prohibiting the creation of a lien on owner–occupied residential property 4 by contract or as a result of a breach of contract for the payment of medical debt; and 5 generally relating to contract liens and medical debt. 6 BY repealing and reenacting, with amendments, 7 Article – Courts and Judicial Proceedings 8 Section 11–401 and 11–402 9 Annotated Code of Maryland 10 (2020 Replacement Volume and 2024 Supplement) 11 BY repealing and reenacting, without amendments, 12 Article – Real Property 13 Section 7–105.1(a)(8) 14 Annotated Code of Maryland 15 (2023 Replacement Volume and 2024 Supplement) 16 BY adding to 17 Article – Real Property 18 Section 14–203.1 19 Annotated Code of Maryland 20 (2023 Replacement Volume and 2024 Supplement) 21 2 SENATE BILL 349 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 That the Laws of Maryland read as follows: 2 Article – Courts and Judicial Proceedings 3 11–401. 4 (a) In this subtitle the following terms have the meanings indicated. 5 (b) “Court” means a court of law or a court of equity and includes the United 6 States District Court for the District of Maryland, the United States Bankruptcy Court for 7 the District of Maryland, the Supreme Court of Maryland, the Appellate Court of Maryland, 8 A CIRCUIT COURT OF A COUNTY OR BALTIMORE CITY, and the District Court of 9 Maryland. 10 (c) (1) “Money judgment” means a judgment determining that a specified 11 amount of money is immediately payable to the judgment creditor. 12 (2) “Money judgment” does not include a judgment mandating the payment 13 of money. 14 11–402. 15 (a) (1) In this section[, “land”] THE FOLLOWING WORDS HAVE THE 16 MEANINGS INDICATED . 17 (2) “LAND” means real property or any interest in or appurtenant to real 18 property. 19 (3) “MEDICAL DEBT” HAS THE MEANING STATED IN § 14–203.1 OF 20 THE REAL PROPERTY ARTICLE. 21 (b) (1) A COMPLAINT SEEKING A MONEY JUDGMENT SHALL INDICATE 22 WHETHER THE JUDGMENT SOUGHT IS FOR MEDICA L DEBT. 23 (2) A COMPLAINT SEEKING A MONEY JUDGMENT FOR M EDICAL DEBT 24 SHALL INCLUDE THE AD DRESS OF THE PRIMARY RESID ENCE OF THE DEFENDAN T. 25 (C) If indexed and recorded as prescribed by the Maryland Rules, a money 26 judgment of a court constitutes a lien to the amount and from the date of the judgment on 27 the judgment debtor’s interest in land located in the county in which the judgment was 28 rendered except: 29 (1) FOR a lease from year to year or for a term of not more than five years 30 and not renewable; AND 31 SENATE BILL 349 3 (2) AS PROVIDED IN § 14–203.1 OF THE REAL PROPERTY ARTICLE. 1 [(c)] (D) If indexed and recorded as prescribed by the Maryland Rules, a money 2 judgment constitutes a lien on the judgment debtor’s interest in land located in a county 3 other than the county in which the judgment was originally entered, except: 4 (1) FOR a lease from year to year or for a term not more than five years 5 and not renewable; AND 6 (2) AS PROVIDED IN § 14–203.1 OF THE REAL PROPERTY ARTICLE. 7 [(d)] (E) Promptly after the entry of an order of satisfaction or the filing of a 8 written statement by a judgment creditor with the clerk of the court that a judgment of a 9 court has been satisfied, the clerk of the court shall make an entry of the word “satisfied” 10 on the horizontal line in the judgment record where the lien is indexed. 11 Article – Real Property 12 7–105.1. 13 (a) (8) “Owner–occupied residential property” means residential property in 14 which at least one unit is occupied by an individual who: 15 (i) Has an ownership interest in the property; and 16 (ii) Uses the property as the individual’s primary residence. 17 14–203.1. 18 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 19 INDICATED. 20 (2) (I) “MEDICAL DEBT ” MEANS DEBT INCURRED DUE TO A 21 MEDICATION, PROCEDURE , OR SERVICE A DEBT OWED BY A CON SUMER TO A PERSON 22 WHOSE PRIMARY BUSINE SS IS PROVIDING MEDI CAL SERVICES, PRODUCTS, OR 23 DEVICES, OR TO THE PERSON ’S AGENT OR ASSIGNEE , FOR THE PROVISION OF THE 24 MEDICAL SERVICES , PRODUCTS, OR DEVICES. 25 (II) “MEDICAL DEBT” DOES NOT INCLUDE DEB T CHARGED TO A 26 CREDIT CARD UNLESS T HE CREDIT CARD IS IS SUED UNDER AN OPEN –END OR 27 CLOSED–END CREDIT PLAN OFFE RED SOLELY FOR THE P AYMENT OF HEALTH CAR E 28 SERVICES. 29 (3) “OWNER–OCCUPIED RESIDENTIAL PROPERTY” HAS THE MEANING 30 STATED IN § 7–105.1 OF THIS ARTICLE. 31 4 SENATE BILL 349 (B) A LIEN ON OWNER –OCCUPIED RESIDENTIAL PROPERTY MAY NOT BE 1 CREATED BY CONTRACT OR AS A RES ULT OF A BREACH OF C ONTRACT FOR THE 2 PAYMENT OF MEDICAL D EBT. 3 (C) IF A LIEN IS CREATED IN VIOLATION OF THIS SECTION, THE COURT: 4 (1) SHALL REMOVE THE LIEN ; AND 5 (2) MAY AWARD TO THE OWNE R OF THE PROPERTY EC ONOMIC 6 DAMAGES SUFFERED A S A RESULT OF THE VI OLATION SHALL REMOVE THE LIE N. 7 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 8 apply only prospectively and may not be applied or interpreted to have any effect on or 9 application to any complaint filed before the effective date of this Act. 10 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 11 October 1, 2025. 12 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.