Maryland 2025 Regular Session

Maryland Senate Bill SB614 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
44 [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.
85 *sb0614*
96
107 SENATE BILL 614
118 I3, J3 5lr2316
12- CF HB 1020
9+ CF 5lr2315
1310 By: Senator Lam
1411 Introduced and read first time: January 24, 2025
1512 Assigned to: Finance
16-Committee Report: Favorable with amendments
17-Senate action: Adopted
18-Read second time: March 18, 2025
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Consumer Protection – Credit Reporting – Medical Debt 2
2519 (Fair Medical Debt Reporting Act) 3
2620
2721 FOR the purpose of prohibiting a consumer reporting agency from including certain 4
2822 medical debt information in a consumer report; prohibiting a person from using 5
2923 medical debt information included in a consumer report when making a 6
3024 creditworthiness determination; prohibiting certain entities from disclosing medical 7
3125 debt to a consumer reporting agency; requiring certain entities to include a certain 8
3226 provision in contracts entered into with a collection entity regarding medical debt 9
3327 and establishing a contract that does not contain the provision is void and 10
3428 unenforceable; and generally relating to credit reporting and medical debt. 11
3529
3630 BY adding to 12
3731 Article – Commercial Law 13
3832 Section 14–1213 14
3933 Annotated Code of Maryland 15
4034 (2013 Replacement Volume and 2024 Supplement) 16
4135
42-BY repealing and reenacting, without amendments, 17
36+BY repealing and reenacting, with amendments, 17
4337 Article – Health – General 18
44- Section 19–214.2(a)(1) and (e)(1) and (4) 19
38+ Section 19–214.2(f) 19
4539 Annotated Code of Maryland 20
4640 (2023 Replacement Volume and 2024 Supplement) 21
4741
48-BY repealing and reenacting, with amendments, 22 2 SENATE BILL 614
42+BY adding to 22
43+ Article – Health – General 23
44+Section 24–2501 and 24–2502 be under the new subtitle “Subtitle 25. Medical Debt 24
45+Reporting” 25
46+ Annotated Code of Maryland 26
47+ (2023 Replacement Volume and 2024 Supplement) 27
48+ 2 SENATE BILL 614
4949
5050
51- Article – Health – General 1
52- Section 19–214.2(f) 19–214.2(b) and (f) 2
53- Annotated Code of Maryland 3
54- (2023 Replacement Volume and 2024 Supplement) 4
51+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52+That the Laws of Maryland read as follows: 2
5553
56-BY adding to 5
57- Article – Health – General 6
58-Section 24–2501 and 24–2502 be under the new subtitle “Subtitle 25. Medical Debt 7
59-Reporting” 8
60- Annotated Code of Maryland 9
61- (2023 Replacement Volume and 2024 Supplement) 10
54+Article – Commercial Law 3
6255
63- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
64-That the Laws of Maryland read as follows: 12
56+14–1213. 4
6557
66-Article – Commercial Law 13
58+ (A) (1) IN THIS SECTION, “MEDICAL DEBT ” MEANS AN OBLIGATION OF A 5
59+CONSUMER TO PAY ANY AMOUNT RELATED TO TH E RECEIPT OF HEALTH CARE 6
60+SERVICES, PRODUCTS, DEVICES, DURABLE MEDICAL EQUI PMENT, OR 7
61+PRESCRIPTION DRUGS P ROVIDED TO A PERSON BY: 8
6762
68-14–1213. 14
63+ (I) A HEALTH CARE FACILITY AS DEFINED IN § 19–114 OF THE 9
64+HEALTH – GENERAL ARTICLE; 10
6965
70- (A) (1) IN THIS SECTION, “MEDICAL DEBT ” MEANS AN OBLIGATION OF A 15
71-CONSUMER TO PAY ANY AMOUNT RELATED TO TH E RECEIPT OF HEALTH CARE 16
72-SERVICES, PRODUCTS, DEVICES, DURABLE MEDICAL EQUI PMENT, OR 17
73-PRESCRIPTION DRUGS P ROVIDED TO A PERSON BY: 18
66+ (II) A HEALTH CARE PRACTITI ONER AS DEFINED IN § 19–114 OF 11
67+THE HEALTH – GENERAL ARTICLE; OR 12
7468
75- (I) A HEALTH CARE FACILITY AS DEFINED IN § 19114 OF THE 19
76-HEALTH – GENERAL ARTICLE; 20
69+ (III) AN AMBULANCE SERVICE AS DEFINED IN § 13515 OF THE 13
70+EDUCATION ARTICLE. 14
7771
78- (II) A HEALTH CARE PRACTITI ONER AS DEFINED IN § 19–114 OF 21
79-THE HEALTH – GENERAL ARTICLE; OR 22
72+ (2) “MEDICAL DEBT” INCLUDES MEDICAL BIL LS THAT: 15
8073
81- (III) AN AMBULANCE SERVICE AS DEFINED IN § 13–515 OF THE 23
82-EDUCATION ARTICLE DEBT OWED BY A CONSU MER TO: 24
74+ (I) ARE NOT PAST DUE ; OR 16
8375
84- (I) A PERSON WHOSE PRIMARY BUSINESS IS PROVIDIN G 25
85-MEDICAL SERVICES , PRODUCTS, OR DEVICES; OR 26
76+ (II) HAVE ALREADY BEEN PAI D. 17
8677
87- (II) THE PERSON’S AGENT OR ASSIGNEE FOR THE PROVISION OF 27
88-MEDICAL SERVICES , PRODUCTS, OR DEVICES. 28
78+ (3) “MEDICAL DEBT ” DOES NOT INCLUDE DEB T CHARGED TO A 18
79+CREDIT CARD UNLESS T HE CREDIT CARD IS IS SUED UNDER AN OPEN –ENDED OR A 19
80+CLOSE–ENDED PLAN OFFERED S PECIFICALLY FOR THE PAYMENT OF HEALTH CA RE 20
81+SERVICES, PRODUCTS, DEVICES, DURABLE MEDICAL EQUI PMENT, OR 21
82+PRESCRIPTION DRUGS. 22
8983
90- (2) “MEDICAL DEBT” INCLUDES MEDICAL BIL LS THAT: 29
84+ (B) A CONSUMER REPORTING A GENCY MAY NOT INCLUD E IN A CONSUMER 23
85+REPORT A CONSUMER ’S PAID MEDICAL DEBT OR A MEDICAL DEBT OF LESS THAN 24
86+$500 REGARDLESS OF THE DA TE THE MEDICAL DEBT WAS INCURRED . 25
9187
92- (I) ARE NOT PAST DUE; OR 30
88+ (C) A PERSON MAY NOT USE M EDICAL DEBT INFORMAT ION INCLUDED IN A 26
89+CONSUMER REPORT TO M AKE A DETERMINATION REGARDING THE 27
90+CREDITWORTHINESS OF THE CONSUMER . 28
9391
94- (II) HAVE ALREADY BEEN PAI D. 31
95- SENATE BILL 614 3
92+Article – Health – General 29
93+
94+19–214.2. 30 SENATE BILL 614 3
9695
9796
98- (3) “MEDICAL DEBT ” DOES NOT INCLUDE DEB T CHARGED TO A 1
99-CREDIT CARD UNLESS T HE CREDIT CARD IS IS SUED UNDER AN OPEN–ENDED OR A 2
100-CLOSE–ENDED OPEN–END OR CLOSED –END CREDIT PLAN OFFERED SPECIFICALLY 3
101-SOLELY FOR THE PAYMENT OF HEALTH CA RE SERVICES, PRODUCTS, DEVICES, 4
102-DURABLE MEDICAL EQUI PMENT, OR PRESCRIPTION DRUGS . 5
10397
104- (B) (1) A CONSUMER REPORTING A GENCY MAY NOT INCLUDE IN A 6
105-CONSUMER REPORT A CONSUMER ’S PAID MEDICAL DEBT OR A MEDICAL DEBT OF 7
106-LESS THAN $500 REGARDLESS OF THE DATE THE MEDI CAL DEBT WAS INCURRE D: 8
98+ (f) (1) A HOSPITAL SHALL COMPL Y WITH § 24–2502 OF THIS ARTICLE. 1
10799
108- (I) MAKE, CREATE, OR FURNISH ANY CONSU MER REPORT 9
109-CONTAINING, INCORPORATING , OR REFLECTING : 10
100+ (2) For at least 180 days after issuing an initial patient bill, a hospital may 2
101+not report adverse information about a patient to a consumer reporting agency or 3
102+commence civil action against a patient for nonpayment. 4
110103
111- 1. ANY ADVERSE INFORMATI ON THAT THE CONSUMER 11
112-REPORTING AGENCY KNO WS OR SHOULD KNOW RE LATES TO MEDICAL DEB T 12
113-INCURRED BY THE CONSUMER ; OR 13
104+ [(2)] (3) A hospital shall report the fulfillment of a patient’s payment 5
105+obligation within 60 days after the obligation is fulfilled to any consumer reporting agency 6
106+to which the hospital had reported adverse information about the patient. 7
114107
115- 2. ANY COLLECTION ACTION AGAINST A CONSUMER T O 14
116-COLLECT MEDICAL DEBT ; OR 15
108+ [(3)] (4) A hospital may not report adverse information to a consumer 8
109+reporting agency regarding a patient who at the time of service was uninsured or eligible 9
110+for free or reduced–cost care under § 19–214.1 of this subtitle. 10
117111
118- (II) MAINTAIN IN A FILE ON A CONSUMER ANY INFOR MATION 16
119-RELATING TO: 17
112+ [(4)] (5) A hospital may not report adverse information about a patient to 11
113+a consumer reporting agency, commence a civil action against a patient for nonpayment, or 12
114+delegate collection activity to a debt collector: 13
120115
121- 1. MEDICAL DEBT INCURRED BY THE CONSUMER ; OR 18
116+ (i) If the hospital was notified in accordance with federal law by the 14
117+patient or the insurance carrier that an appeal or a review of a health insurance decision 15
118+is pending within the immediately preceding 60 days; or 16
122119
123- 2. ANY COLLECTION ACTION AGAINST THE CONSUMER 19
124-TO COLLECT MEDICAL D EBT. 20
120+ (ii) If the hospital has completed a requested reconsideration of the 17
121+denial of free or reduced–cost care that was appropriately completed by the patient within 18
122+the immediately preceding 60 days. 19
125123
126- (2) THE PROHIBITIONS ESTA BLISHED UNDER PARAGR APH (1) OF 21
127-THIS SUBSECTION APPL Y REGARDLESS OF WHEN MEDICAL DEBT WAS INC URRED BY 22
128-A CONSUMER . 23
124+ [(5)] (6) If a hospital has reported adverse information about a patient to 20
125+a consumer reporting agency, the hospital shall instruct the consumer reporting agency to 21
126+delete the adverse information about the patient: 22
129127
130- (C) A PERSON MAY NOT USE M EDICAL DEBT INFORMAT ION INCLUDED IN A 24
131-CONSUMER REPORT TO M AKE A DETERMINATION REGARDING THE 25
132-CREDITWORTHINESS OF THE CONSUMER . 26
128+ (i) If the hospital was informed by the patient or the insurance 23
129+carrier that an appeal or a review of a health insurance decision is pending, and until 60 24
130+days after the appeal is complete; or 25
133131
134-Article – Health – General 27
132+ (ii) Until 60 days after the hospital has completed a requested 26
133+reconsideration of the denial of free or reduced–cost care. 27
135134
136-19–214.2. 28
135+SUBTITLE 25. MEDICAL DEBT REPORTING. 28
137136
138- (a) (1) Each hospital annually shall submit to the Commission: 29
137+24–2501. 29
139138
140- (i) At times prescribed by the Commission, the hospital’s policy on 30
141-the collection of debts owed by patients; and 31
139+ (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 30
140+INDICATED. 31
142141 4 SENATE BILL 614
143142
144143
145- (ii) A report including: 1
144+ (B) “AMBULANCE SERVICE ” HAS THE MEANING STAT ED IN § 13–515 OF THE 1
145+EDUCATION ARTICLE. 2
146146
147- 1. The total number of patients by race or ethnicity, gender, 2
148-and zip code of residence against whom the hospital, or a debt collector used by the hospital, 3
149-filed an action to collect a debt owed on a hospital bill; 4
147+ (C) “COLLECTION ENTITY ” MEANS ANY INDIVIDUAL , PARTNERSHIP , 3
148+CORPORATION , TRUST, ESTATE, COOPERATIVE , ASSOCIATION, GOVERNMENT OR 4
149+GOVERNMENT SUBDIVISI ON, AGENCY, OR OTHER ENTITY THAT PURCHASES 5
150+MEDICAL DEBT OR COLL ECTS MEDICAL DEBT ON BEHALF OF ANOTHER . 6
150151
151- 2. The total number of patients by race or ethnicity, gender, 5
152-and zip code of residence with respect to whom the hospital has and has not reported or 6
153-classified a bad debt; and 7
152+ (D) “HEALTH CARE FACILITY ” HAS THE MEANING STAT ED IN § 19–114 OF 7
153+THIS ARTICLE. 8
154154
155- 3. The total dollar amount of the charges for hospital services 8
156-provided to patients but not collected by the hospital for patients covered by insurance, 9
157-including the out–of–pocket costs for patients covered by insurance, and patients without 10
158-insurance. 11
155+ (E) “HEALTH CARE PRACTITIO NER” HAS THE MEANING STAT ED IN § 19–114 9
156+OF THIS ARTICLE. 10
159157
160- (b) The policy submitted under subsection (a)(1) of this section shall: 12
158+ (F) “MEDICAL DEBT” HAS THE MEANING STAT ED IN § 14–1213 OF THE 11
159+COMMERCIAL LAW ARTICLE. 12
161160
162- (1) Provide for active oversight by the hospital of any contract for collection 13
163-of debts on behalf of the hospital; 14
161+24–2502. 13
164162
165- (2) Prohibit the hospital from selling any debt; 15
163+ (A) A HEALTH CARE FACILITY , A HEALTH CARE PRACTI TIONER, OR AN 14
164+AMBULANCE SERVICE : 15
166165
167- (3) Prohibit the charging of interest on bills incurred by self–pay patients 16
168-before a court judgment is obtained; 17
166+ (1) MAY NOT DISCLOSE ANY PORTION OF A MEDICAL DEBT TO A 16
167+CONSUMER REPORTING A GENCY; AND 17
169168
170- (4) Describe in detail the consideration by the hospital of patient income, 18
171-assets, and other criteria; 19
169+ (2) SHALL INCLUDE IN ANY CONTRACT ENTERED INT O WITH A 18
170+COLLECTION ENTITY FO R THE PURCHASE OR COLL ECTION OF MEDICAL DE BT A 19
171+PROVISION PROHIBITIN G THE DISCLOSURE OF ANY PORTION OF THE M EDICAL DEBT 20
172+TO A CONSUMER REPORT ING AGENCY. 21
172173
173- (5) Prohibit the hospital from [reporting]: 20
174+ (B) A CONTRACT ENTERED INT O ON OR AFTER OCTOBER 1, 2025, THAT 22
175+DOES NOT INCLUDE THE PROVISION REQUIRED U NDER SUBSECTION (A)(2) OF THIS 23
176+SECTION IS VOID AND UNENFORCEABLE . 24
174177
175- (I) REPORTING ADVERSE INFORMATION to a consumer reporting 21
176-agency; or [filing] 22
178+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
179+October 1, 2025. 26
177180
178- (II) FILING a civil action to collect a debt within 180 days after the 23
179-initial bill is provided; 24
180-
181- (6) Describe the hospital’s procedures for collecting a debt; 25
182-
183- (7) Describe the circumstances in which the hospital will seek a judgment 26
184-against a patient; 27
185-
186- (8) In accordance with subsection (c) of this section, provide for a refund of 28
187-amounts collected from a patient or the guarantor of a patient who was later found to be 29
188-eligible for free care within 240 days after the initial bill was provided; 30
189-
190- (9) If the hospital has obtained a judgment against or reported adverse 31
191-information to a consumer reporting agency about a patient who later was found to be 32 SENATE BILL 614 5
192-
193-
194-eligible for free care within 240 days after the initial bill was provided for which the 1
195-judgment was awarded or the adverse information was reported, require the hospital to 2
196-seek to vacate the judgment or strike the adverse information; 3
197-
198- (10) Provide a mechanism for a patient to: 4
199-
200- (i) Request the hospital to reconsider the denial of free or 5
201-reduced–cost care; 6
202-
203- (ii) File with the hospital a complaint against the hospital or a debt 7
204-collector used by the hospital regarding the handling of the patient’s bill; and 8
205-
206- (iii) Allow the patient and the hospital to mutually agree to modify 9
207-the terms of a payment plan offered under subsection (e) of this section or entered into with 10
208-the patient; [and] 11
209-
210- (11) Prohibit the hospital from collecting additional fees in an amount that 12
211-exceeds the approved charge for the hospital service as established by the Commission for 13
212-which the medical debt is owed on a bill for a patient who is eligible for free or 14
213-reduced–cost care under the hospital’s financial assistance policy; AND 15
214-
215- (12) COMPLY WITH § 24–2502 OF THIS ARTICLE . 16
216-
217- (e) (1) Subject to paragraph (2) of this subsection, a hospital shall provide in 17
218-writing to each patient who incurs medical debt information about the availability of an 18
219-installment payment plan for the debt. 19
220-
221- (4) (i) A patient shall be deemed to be compliant with a payment plan 20
222-if the patient makes at least 11 scheduled monthly payments within a 12–month period. 21
223-
224- (ii) If a patient misses a scheduled monthly payment, the patient 22
225-shall contact the health care facility and identify a plan to make up the missed payment 23
226-within 1 year after the date of the missed payment. 24
227-
228- (iii) The health care facility may, but may not be required to, waive 25
229-any additional missed payments that occur within a 12–month period and allow the patient 26
230-to continue to participate in the income–based payment plan and not refer the outstanding 27
231-balance owed to a collection agency or for legal action. 28
232-
233- (f) (1) A HOSPITAL SHALL COMPLY WITH § 24–2502 OF THIS ARTICLE. 29
234-
235- (2) For at least 180 days after issuing an initial patient bill, a hospital may 30
236-not report adverse information about a patient to a consumer reporting agency or 31
237-commence civil action against a patient for nonpayment. 32
238- 6 SENATE BILL 614
239-
240-
241- [(2)] (3) A hospital shall report the fulfillment of a patient’s payment 1
242-obligation within 60 days after the obligation is fulfilled to any consumer reporting agency 2
243-to which the hospital had reported adverse information about the patient. 3
244-
245- [(3)] (4) A hospital may not report adverse information to a consumer 4
246-reporting agency regarding a patient who at the time of service was uninsured or eligible 5
247-for free or reduced–cost care under § 19–214.1 of this subtitle. 6
248-
249- [(4)] (5) A hospital may not report adverse information about a patient to 7
250-a consumer reporting agency, commence a civil action against a patient for nonpayment, or 8
251-delegate collection activity to a debt collector: 9
252-
253- (i) If the hospital was notified in accordance with federal law by the 10
254-patient or the insurance carrier that an appeal or a review of a health insurance decision 11
255-is pending within the immediately preceding 60 days; or 12
256-
257- (ii) If the hospital has completed a requested reconsideration of the 13
258-denial of free or reduced–cost care that was appropriately completed by the patient within 14
259-the immediately preceding 60 days. 15
260-
261- [(5)] (6) If a hospital has BY NOVEMBER 1, 2025, A HOSPITAL THAT 16
262-HAD reported adverse information about a patient to a consumer reporting agency, the 17
263-hospital shall instruct the consumer reporting agency to delete the adverse information 18
264-about the patient: 19
265-
266- (i) If the hospital was informed by the patient or the insurance 20
267-carrier that an appeal or a review of a health insurance decision is pending, and until 60 21
268-days after the appeal is complete; or 22
269-
270- (ii) Until 60 days after the hospital has completed a requested 23
271-reconsideration of the denial of free or reduced–cost care. 24
272-
273-SUBTITLE 25. MEDICAL DEBT REPORTING. 25
274-
275-24–2501. 26
276-
277- (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE T HE MEANINGS 27
278-INDICATED. 28
279-
280- (B) “AMBULANCE SERVICE ” HAS THE MEANING STAT ED IN § 13–515 OF THE 29
281-EDUCATION ARTICLE. 30
282-
283- (C) (B) “COLLECTION ENTITY ” MEANS ANY INDIVIDUAL , PARTNERSHIP , 31
284-CORPORATION , TRUST, ESTATE, COOPERATIVE , ASSOCIATION, GOVERNM ENT OR 32
285-GOVERNMENT SUBDIVISI ON, AGENCY, OR OTHER ENTITY THAT PURCHASES 33
286-MEDICAL DEBT OR COLL ECTS MEDICAL DEBT ON BEHALF OF ANOTHER . 34 SENATE BILL 614 7
287-
288-
289-
290- (D) “HEALTH CARE FACILITY ” HAS THE MEANING STAT ED IN § 19–114 OF 1
291-THIS ARTICLE. 2
292-
293- (E) “HEALTH CARE PRACTITIO NER” HAS THE MEANING STATED IN § 19–114 3
294-OF THIS ARTICLE. 4
295-
296- (F) (C) “MEDICAL DEBT” HAS THE MEANING STAT ED IN § 14–1213 OF THE 5
297-COMMERCIAL LAW ARTICLE. 6
298-
299-24–2502. 7
300-
301- (A) A HEALTH CARE FACILITY , A HEALTH CARE PRACTI TIONER, OR AN 8
302-AMBULANCE SERVICE A PERSON WHOSE PRIMARY BUSINESS IS PROVIDIN G 9
303-MEDICAL SERVICES , PRODUCTS, OR DEVICES , OR THE PERSON ’S AGENT OR 10
304-ASSIGNEE: 11
305-
306- (1) MAY NOT DISCLOSE ANY PORTION OF A MEDICAL DEBT TO A 12
307-CONSUMER REPORTING A GENCY; AND 13
308-
309- (2) SHALL INCLUDE IN ANY CONTRACT ENTERED INT O WITH A 14
310-COLLECTION ENTITY FOR THE PURCH ASE OR COLLECTION OF MEDICAL DEBT A 15
311-PROVISION PROHIBITIN G THE DISCLOSURE OF ANY PORTION OF THE M EDICAL DEBT 16
312-TO A CONSUMER REPORT ING AGENCY. 17
313-
314- (B) A CONTRACT ENTERED INT O ON OR AFTER OCTOBER 1, 2025, THAT 18
315-DOES NOT INCLUDE THE PROVISION REQUIRED UNDER SUBSEC TION (A)(2) OF THIS 19
316-SECTION IS VOID AND UNENFORCEABLE . 20
317-
318- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
319-October 1, 2025. 22
320-
321-
322-
323-
324-Approved:
325-________________________________________________________________________________
326- Governor.
327-________________________________________________________________________________
328- President of the Senate.
329-________________________________________________________________________________
330- Speaker of the House of Delegates.