Maryland 2025 Regular Session

Maryland Senate Bill SB614 Latest Draft

Bill / Engrossed Version Filed 04/04/2025

                             
 
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. 
          *sb0614*  
  
SENATE BILL 614 
I3, J3   	5lr2316 
    	CF HB 1020 
By: Senator Lam 
Introduced and read first time: January 24, 2025 
Assigned to: Finance 
Committee Report: Favorable with amendments 
Senate action: Adopted 
Read second time: March 18, 2025 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Consumer Protection – Credit Reporting – Medical Debt  2 
(Fair Medical Debt Reporting Act) 3 
 
FOR the purpose of prohibiting a consumer reporting agency from including certain 4 
medical debt information in a consumer report; prohibiting a person from using 5 
medical debt information included in a consumer report when making a 6 
creditworthiness determination; prohibiting certain entities from disclosing medical 7 
debt to a consumer reporting agency; requiring certain entities to include a certain 8 
provision in contracts entered into with a collection entity regarding medical debt 9 
and establishing a contract that does not contain the provision is void and 10 
unenforceable; and generally relating to credit reporting and medical debt. 11 
 
BY adding to 12 
 Article – Commercial Law 13 
Section 14–1213 14 
 Annotated Code of Maryland 15 
 (2013 Replacement Volume and 2024 Supplement) 16 
 
BY repealing and reenacting, without amendments, 17 
 Article – Health – General 18 
 Section 19–214.2(a)(1) and (e)(1) and (4) 19 
 Annotated Code of Maryland 20 
 (2023 Replacement Volume and 2024 Supplement)  21 
 
BY repealing and reenacting, with amendments, 22  2 	SENATE BILL 614  
 
 
 Article – Health – General 1 
 Section 19–214.2(f) 19–214.2(b) and (f) 2 
 Annotated Code of Maryland 3 
 (2023 Replacement Volume and 2024 Supplement) 4 
 
BY adding to 5 
 Article – Health – General 6 
Section 24–2501 and 24–2502 be under the new subtitle “Subtitle 25. Medical Debt 7 
Reporting” 8 
 Annotated Code of Maryland 9 
 (2023 Replacement Volume and 2024 Supplement) 10 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 
That the Laws of Maryland read as follows: 12 
 
Article – Commercial Law 13 
 
14–1213. 14 
 
 (A) (1) IN THIS SECTION, “MEDICAL DEBT ” MEANS AN OBLIGATION OF A 15 
CONSUMER TO PAY ANY AMOUNT RELATED TO TH E RECEIPT OF HEALTH CARE 16 
SERVICES, PRODUCTS, DEVICES, DURABLE MEDICAL EQUI PMENT, OR 17 
PRESCRIPTION DRUGS P ROVIDED TO A PERSON BY: 18 
 
 (I) A HEALTH CARE FACILITY AS DEFINED IN § 19–114 OF THE 19 
HEALTH – GENERAL ARTICLE; 20 
 
 (II) A HEALTH CARE PRACTITI ONER AS DEFINED IN § 19–114 OF 21 
THE HEALTH – GENERAL ARTICLE; OR 22 
 
 (III) AN AMBULANCE SERVICE AS DEFINED IN § 13–515 OF THE 23 
EDUCATION ARTICLE DEBT OWED BY A CONSU MER TO:  24 
 
 (I) A PERSON WHOSE PRIMARY BUSINESS IS PROVIDIN G 25 
MEDICAL SERVICES , PRODUCTS, OR DEVICES; OR  26 
 
 (II) THE PERSON’S AGENT OR ASSIGNEE FOR THE PROVISION OF 27 
MEDICAL SERVICES , PRODUCTS, OR DEVICES.  28 
 
 (2) “MEDICAL DEBT” INCLUDES MEDICAL BIL LS THAT: 29 
 
 (I) ARE NOT PAST DUE; OR 30 
 
 (II) HAVE ALREADY BEEN PAI D. 31 
   	SENATE BILL 614 	3 
 
 
 (3) “MEDICAL DEBT ” DOES NOT INCLUDE DEB T CHARGED TO A 1 
CREDIT CARD UNLESS T HE CREDIT CARD IS IS SUED UNDER AN OPEN–ENDED OR A 2 
CLOSE–ENDED OPEN–END OR CLOSED –END CREDIT PLAN OFFERED SPECIFICALLY 3 
SOLELY FOR THE PAYMENT OF HEALTH CA RE SERVICES, PRODUCTS, DEVICES, 4 
DURABLE MEDICAL EQUI PMENT, OR PRESCRIPTION DRUGS . 5 
 
 (B) (1) A CONSUMER REPORTING A GENCY MAY NOT INCLUDE IN A 6 
CONSUMER REPORT A CONSUMER ’S PAID MEDICAL DEBT OR A MEDICAL DEBT OF 7 
LESS THAN $500 REGARDLESS OF THE DATE THE MEDI CAL DEBT WAS INCURRE D: 8 
 
 (I) MAKE, CREATE, OR FURNISH ANY CONSU MER REPORT 9 
CONTAINING, INCORPORATING , OR REFLECTING : 10 
 
 1. ANY ADVERSE INFORMATI ON THAT THE CONSUMER 11 
REPORTING AGENCY KNO WS OR SHOULD KNOW RE LATES TO MEDICAL DEB T 12 
INCURRED BY THE CONSUMER ; OR 13 
 
 2. ANY COLLECTION ACTION AGAINST A CONSUMER T O 14 
COLLECT MEDICAL DEBT ; OR 15 
 
 (II) MAINTAIN IN A FILE ON A CONSUMER ANY INFOR MATION 16 
RELATING TO: 17 
 
 1. MEDICAL DEBT INCURRED BY THE CONSUMER ; OR 18 
 
 2. ANY COLLECTION ACTION AGAINST THE CONSUMER 19 
TO COLLECT MEDICAL D EBT. 20 
 
 (2) THE PROHIBITIONS ESTA BLISHED UNDER PARAGR APH (1) OF 21 
THIS SUBSECTION APPL Y REGARDLESS OF WHEN MEDICAL DEBT WAS INC URRED BY 22 
A CONSUMER .  23 
 
 (C) A PERSON MAY NOT USE M EDICAL DEBT INFORMAT ION INCLUDED IN A 24 
CONSUMER REPORT TO M	AKE A DETERMINATION 	REGARDING THE 25 
CREDITWORTHINESS OF THE CONSUMER . 26 
 
Article – Health – General 27 
 
19–214.2. 28 
 
 (a) (1) Each hospital annually shall submit to the Commission: 29 
 
 (i) At times prescribed by the Commission, the hospital’s policy on 30 
the collection of debts owed by patients; and 31 
  4 	SENATE BILL 614  
 
 
 (ii) A report including: 1 
 
 1. The total number of patients by race or ethnicity, gender, 2 
and zip code of residence against whom the hospital, or a debt collector used by the hospital, 3 
filed an action to collect a debt owed on a hospital bill; 4 
 
 2. The total number of patients by race or ethnicity, gender, 5 
and zip code of residence with respect to whom the hospital has and has not reported or 6 
classified a bad debt; and 7 
 
 3. The total dollar amount of the charges for hospital services 8 
provided to patients but not collected by the hospital for patients covered by insurance, 9 
including the out–of–pocket costs for patients covered by insurance, and patients without 10 
insurance. 11 
 
 (b) The policy submitted under subsection (a)(1) of this section shall: 12 
 
 (1) Provide for active oversight by the hospital of any contract for collection 13 
of debts on behalf of the hospital; 14 
 
 (2) Prohibit the hospital from selling any debt; 15 
 
 (3) Prohibit the charging of interest on bills incurred by self–pay patients 16 
before a court judgment is obtained; 17 
 
 (4) Describe in detail the consideration by the hospital of patient income, 18 
assets, and other criteria; 19 
 
 (5) Prohibit the hospital from [reporting]:  20 
 
 (I) REPORTING ADVERSE INFORMATION to a consumer reporting 21 
agency; or [filing]  22 
 
 (II) FILING a civil action to collect a debt within 180 days after the 23 
initial bill is provided; 24 
 
 (6) Describe the hospital’s procedures for collecting a debt; 25 
 
 (7) Describe the circumstances in which the hospital will seek a judgment 26 
against a patient; 27 
 
 (8) In accordance with subsection (c) of this section, provide for a refund of 28 
amounts collected from a patient or the guarantor of a patient who was later found to be 29 
eligible for free care within 240 days after the initial bill was provided; 30 
 
 (9) If the hospital has obtained a judgment against or reported adverse 31 
information to a consumer reporting agency about a patient who later was found to be 32   	SENATE BILL 614 	5 
 
 
eligible for free care within 240 days after the initial bill was provided for which the 1 
judgment was awarded or the adverse information was reported, require the hospital to 2 
seek to vacate the judgment or strike the adverse information; 3 
 
 (10) Provide a mechanism for a patient to: 4 
 
 (i) Request the hospital to reconsider the denial of free or  5 
reduced–cost care; 6 
 
 (ii) File with the hospital a complaint against the hospital or a debt 7 
collector used by the hospital regarding the handling of the patient’s bill; and 8 
 
 (iii) Allow the patient and the hospital to mutually agree to modify 9 
the terms of a payment plan offered under subsection (e) of this section or entered into with 10 
the patient; [and] 11 
 
 (11) Prohibit the hospital from collecting additional fees in an amount that 12 
exceeds the approved charge for the hospital service as established by the Commission for 13 
which the medical debt is owed on a bill for a patient who is eligible for free or  14 
reduced–cost care under the hospital’s financial assistance policy; AND  15 
 
 (12) COMPLY WITH § 24–2502 OF THIS ARTICLE . 16 
 
 (e) (1) Subject to paragraph (2) of this subsection, a hospital shall provide in 17 
writing to each patient who incurs medical debt information about the availability of an 18 
installment payment plan for the debt. 19 
 
 (4) (i) A patient shall be deemed to be compliant with a payment plan 20 
if the patient makes at least 11 scheduled monthly payments within a 12–month period. 21 
 
 (ii) If a patient misses a scheduled monthly payment, the patient 22 
shall contact the health care facility and identify a plan to make up the missed payment 23 
within 1 year after the date of the missed payment. 24 
 
 (iii) The health care facility may, but may not be required to, waive 25 
any additional missed payments that occur within a 12–month period and allow the patient 26 
to continue to participate in the income–based payment plan and not refer the outstanding 27 
balance owed to a collection agency or for legal action.  28 
 
 (f) (1) A HOSPITAL SHALL COMPLY WITH § 24–2502 OF THIS ARTICLE. 29 
 
 (2) For at least 180 days after issuing an initial patient bill, a hospital may 30 
not report adverse information about a patient to a consumer reporting agency or 31 
commence civil action against a patient for nonpayment. 32 
  6 	SENATE BILL 614  
 
 
 [(2)] (3) A hospital shall report the fulfillment of a patient’s payment 1 
obligation within 60 days after the obligation is fulfilled to any consumer reporting agency 2 
to which the hospital had reported adverse information about the patient. 3 
 
 [(3)] (4) A hospital may not report adverse information to a consumer 4 
reporting agency regarding a patient who at the time of service was uninsured or eligible 5 
for free or reduced–cost care under § 19–214.1 of this subtitle. 6 
 
 [(4)] (5) A hospital may not report adverse information about a patient to 7 
a consumer reporting agency, commence a civil action against a patient for nonpayment, or 8 
delegate collection activity to a debt collector: 9 
 
 (i) If the hospital was notified in accordance with federal law by the 10 
patient or the insurance carrier that an appeal or a review of a health insurance decision 11 
is pending within the immediately preceding 60 days; or 12 
 
 (ii) If the hospital has completed a requested reconsideration of the 13 
denial of free or reduced–cost care that was appropriately completed by the patient within 14 
the immediately preceding 60 days. 15 
 
 [(5)] (6) If a hospital has BY NOVEMBER 1, 2025, A HOSPITAL THAT 16 
HAD reported adverse information about a patient to a consumer reporting agency, the 17 
hospital shall instruct the consumer reporting agency to delete the adverse information 18 
about the patient: 19 
 
 (i) If the hospital was informed by the patient or the insurance 20 
carrier that an appeal or a review of a health insurance decision is pending, and until 60 21 
days after the appeal is complete; or 22 
 
 (ii) Until 60 days after the hospital has completed a requested 23 
reconsideration of the denial of free or reduced–cost care. 24 
 
SUBTITLE 25. MEDICAL DEBT REPORTING. 25 
 
24–2501. 26 
 
 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE T HE MEANINGS 27 
INDICATED. 28 
 
 (B) “AMBULANCE SERVICE ” HAS THE MEANING STAT ED IN § 13–515 OF THE 29 
EDUCATION ARTICLE. 30 
 
 (C) (B) “COLLECTION ENTITY ” MEANS ANY INDIVIDUAL , PARTNERSHIP , 31 
CORPORATION , TRUST, ESTATE, COOPERATIVE , ASSOCIATION, GOVERNM ENT OR 32 
GOVERNMENT SUBDIVISI ON, AGENCY, OR OTHER ENTITY THAT PURCHASES 33 
MEDICAL DEBT OR COLL ECTS MEDICAL DEBT ON BEHALF OF ANOTHER . 34   	SENATE BILL 614 	7 
 
 
 
 (D) “HEALTH CARE FACILITY ” HAS THE MEANING STAT ED IN § 19–114 OF 1 
THIS ARTICLE. 2 
 
 (E) “HEALTH CARE PRACTITIO NER” HAS THE MEANING STATED IN § 19–114 3 
OF THIS ARTICLE. 4 
 
 (F) (C) “MEDICAL DEBT” HAS THE MEANING STAT ED IN § 14–1213 OF THE 5 
COMMERCIAL LAW ARTICLE. 6 
 
24–2502. 7 
 
 (A) A HEALTH CARE FACILITY , A HEALTH CARE PRACTI TIONER, OR AN 8 
AMBULANCE SERVICE A PERSON WHOSE PRIMARY BUSINESS IS PROVIDIN G 9 
MEDICAL SERVICES , PRODUCTS, OR DEVICES , OR THE PERSON ’S AGENT OR 10 
ASSIGNEE: 11 
 
 (1) MAY NOT DISCLOSE ANY PORTION OF A MEDICAL DEBT TO A 12 
CONSUMER REPORTING A GENCY; AND 13 
 
 (2) SHALL INCLUDE IN ANY CONTRACT ENTERED INT O WITH A 14 
COLLECTION ENTITY FOR THE PURCH ASE OR COLLECTION OF MEDICAL DEBT A 15 
PROVISION PROHIBITIN G THE DISCLOSURE OF ANY PORTION OF THE M EDICAL DEBT 16 
TO A CONSUMER REPORT ING AGENCY. 17 
 
 (B) A CONTRACT ENTERED INT O ON OR AFTER OCTOBER 1, 2025, THAT 18 
DOES NOT INCLUDE THE PROVISION REQUIRED UNDER SUBSEC TION (A)(2) OF THIS 19 
SECTION IS VOID AND UNENFORCEABLE . 20 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21 
October 1, 2025. 22 
 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
         President of the Senate. 
________________________________________________________________________________  
  Speaker of the House of Delegates.