Maine 2023 2023-2024 Regular Session

Maine Senate Bill LD2115 Chaptered / Bill

                    Page 1 - 131LR2795(04)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
S.P. 908 - L.D. 2115
An Act to Prohibit Unfair Practices Related to the Collection of Medical Debt
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §11002, sub-§7-A is enacted to read:
7-A.  Medical debt. 
including dental services, or health care goods, including products, devices, durable 
medical equipment and prescription drugs. "Medical debt" does not include debt arising 
from services provided by a veterinarian; debt charged to a credit card unless the credit 
card is issued under an open-end or closed-end credit plan offered solely for the payment 
of health care services; debt charged to a home equity or general purpose line of credit; or 
secured debt.
Sec. 2.  32 MRSA §11013, sub-§2, ¶O, as enacted by PL 1985, c. 702, §2, is 
amended to read:
O.  The false representation or implication that documents are not legal process forms 
or do not require action by the consumer; or
Sec. 3.  32 MRSA §11013, sub-§2, ¶P, as amended by PL 2013, c. 588, Pt. C, §17, 
is further amended to read:
P.  The false representation or implication that a debt collector operates or is employed 
by a consumer reporting agency, as defined by Title 10, section 1308, subsection 3.;
Sec. 4.  32 MRSA §11013, sub-§2, ¶Q
Q.  The false, deceptive or misleading representation or implication that interest will 
accumulate on the debt principal when the debt collector or collection agency is 
attempting to collect debt that the debt collector or collection agency knows is medical 
debt or to obtain information about a consumer in relation to an attempt to collect 
medical debt;
Sec. 5.  32 MRSA §11013, sub-§2, ¶R is enacted to read:
R.  The false, deceptive or misleading representation or implication that a fee will be 
charged in connection with the debt when the debt collector or collection agency is 
attempting to collect debt that the debt collector or collection agency knows is medical 
APPROVED
APRIL 22, 2024
BY GOVERNOR
CHAPTER
663
PUBLIC LAW Page 2 - 131LR2795(04)
debt or to obtain information about a consumer in relation to an attempt to collect 
medical debt; or
Sec. 6.  32 MRSA §11013, sub-§2, ¶S is enacted to read:
S. The false, deceptive or misleading representation or implication that the debt 
collector or collection agency will pursue litigation to compel payment of the debt 
when attempting to collect debt that the debt collector or collection agency knows is 
medical debt or to obtain information about a consumer in relation to an attempt to 
collect medical debt.
Sec. 7.  32 MRSA §11013, sub-§3, ¶M, as enacted by PL 1985, c. 702, §2, is 
amended to read:
M.  Engaging in the business of lending money to any person or contacting any person 
for the purpose of securing a loan for any person with which to pay any claim left with 
it for collection, or recommending any person or persons as a source of funds to pay 
any such claim; or
Sec. 8.  32 MRSA §11013, sub-§3, ¶N, as repealed and replaced by PL 2009, c. 
245, §8, is amended to read:
N.  Threatening to bring legal action in the debt collector's own name or instituting a 
suit on behalf of others or furnishing legal advice, except that a debt collector who is 
also an attorney may bring an action under this paragraph in the name of the creditor 
in any division or county permitted by 15 United States Code, Section 1692i and may 
furnish legal advice to the creditor with respect to a debt.;
Sec. 9.  32 MRSA §11013, sub-§3, ¶O
O.  Notwithstanding paragraph A, charging any interest on debt that the debt collector 
knows is medical debt;
Sec. 10.  32 MRSA §11013, sub-§3, ¶P is enacted to read:
P.  Notwithstanding paragraph A, charging any fee in connection with the collection of 
debt that the debt collector knows is medical debt; or
Sec. 11.  32 MRSA §11013, sub-§3, ¶Q
Q.  Pursuing litigation to compel payment of medical debt without providing proof that 
the consumer was sent a written notice indicating that litigation may not be pursued 
when the debt collector or collection agency knows the consumer's household income 
is not more than 300% of the federal poverty guidelines, as defined by the federal 
Office of Management and Budget and revised annually, and the debt collector or 
collection agency provided the consumer with at least 30 days to provide evidence that 
the consumer's household income is not more than 300% of the federal poverty 
guidelines.