ENGR. S. B. NO. 548 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ENGROSSED SENATE
BILL NO. 548 By: Daniels, Newhouse, David,
Bergstrom, Bullard, Jett
and Hamilton of the Senate
and
Townley of the House
[ healthcare expenses - debt to credit bureaus -
codification - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6980 of Title 36, unless there
is created a duplication in numbering, reads as follows:
A. No medical service or care entity, nor their agent, shall
report a healthcare expense debt to a credit bureau or pursue
involuntary collection activities or any other adverse financial
action, except if the entity or agent can demonstrate that the
individual liable for the medical debt was presented with and agreed
to a good faith estimate of the total cost of all healthcare
services to be provided prior to agreeing to receive the services .
1. The total cost shall include all services performed by t he
medical service or care entity and its staff, as well as any
authorized services provided by a contractor, affiliat e or any other
ENGR. S. B. NO. 548 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
third party who provided services in the facility, and the total
cost to be billed shall include out-of-network providers.
2. The total cost of service shall be presented to the
individual liable for the medical debt separately from all other
forms, information and paperwork. It shall be written in a readable
font, plain language and shall be prominently and conspicuously
displayed on the first page of the document in which it is
contained.
B. 1. In cases in which the patient must receiv e emergency
care deemed necessary by the health care provider and the individual
liable for the medical debt is not able to receive a good faith
estimate of healthcare services before vital emergency medical
services are rendered, no medical service or hea lth care entity
shall charge the individual liable for the medical debt who is not a
member of a health benefit plan offered by a health carrier, more
than one hundred sixty-five percent (165%) of the Medicare rate.
2. In cases in which the patient must receive emergen cy care as
deemed necessary by the health care provider and the individual who
is liable for the medical debt is an enrollee of a health benefit
plan offered by a health carrier, the medical service provider or
health care entity providers shall not charge more than the
enrollee’s health benefit plan ’s in-network rate for the emergency
services rendered.
ENGR. S. B. NO. 548 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
C. Failure to comply with the provisions of this act shall be
grounds for dismissal of any collection suit or garnishment
proceeding and may be asserted as an affirmative de fense to any such
action.
D. For purposes of this section, “medical service or care
entity” shall include, but not be limited to, a medical care
corporation, health care corporation, hospital service association,
medical service corpor ation, health care m aintenance organization,
not-for-profit hospital, insurer, insurance c ompany or any other
third-party payer of medical expenses.
SECTION 2. This act shall become effective November 1, 2021.
Passed the Senate the 10th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives