34 | 27 | | |
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35 | 28 | | ENGROSSED SENATE |
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36 | 29 | | BILL NO. 548 By: Daniels, Newhouse, David, |
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37 | 30 | | Bergstrom, Bullard, Jett |
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38 | 31 | | and Hamilton of the Senate |
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39 | 32 | | |
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40 | 33 | | and |
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41 | 34 | | |
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42 | 35 | | Townley of the House |
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43 | 36 | | |
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44 | 37 | | |
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45 | 38 | | |
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46 | 39 | | |
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47 | 40 | | [ healthcare expenses - debt to credit bureaus - |
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48 | 41 | | codification - effective date ] |
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49 | 42 | | |
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50 | 43 | | |
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51 | 44 | | |
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52 | 45 | | |
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53 | 46 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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54 | 47 | | SECTION 1. NEW LAW A new section of law to be codified |
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55 | 48 | | in the Oklahoma Statutes as Section 6980 of Title 36, unless there |
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56 | 49 | | is created a duplication in numbering, reads as follows: |
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57 | 50 | | A. No medical service or care entity, nor their agent, shall |
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58 | 51 | | report a healthcare expense debt to a credit bureau or pursue |
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59 | 52 | | involuntary collection activities or any other adverse financial |
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60 | 53 | | action, except if the entity or agent can demonstrate that the |
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61 | 54 | | individual liable for the medical debt was presented with and agreed |
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62 | 55 | | to a good faith estimate of the total cost of all healthcare |
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63 | 56 | | services to be provided prior to agreeing to receive the services . |
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94 | 86 | | third party who provided services in the facility, and the total |
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95 | 87 | | cost to be billed shall include out-of-network providers. |
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96 | 88 | | 2. The total cost of service shall be presented to the |
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97 | 89 | | individual liable for the medical debt separately from all other |
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98 | 90 | | forms, information and paperwork. It shall be written in a readable |
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99 | 91 | | font, plain language and shall be prominently and conspicuously |
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100 | 92 | | displayed on the first page of the document in which it is |
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101 | 93 | | contained. |
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102 | 94 | | B. 1. In cases in which the patient must receiv e emergency |
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103 | 95 | | care deemed necessary by the health care provider and the individual |
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104 | 96 | | liable for the medical debt is not able to receive a good faith |
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105 | 97 | | estimate of healthcare services before vital emergency medical |
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106 | 98 | | services are rendered, no medical service or hea lth care entity |
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107 | 99 | | shall charge the individual liable for the medical debt who is not a |
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108 | 100 | | member of a health benefit plan offered by a health carrier, more |
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109 | 101 | | than one hundred sixty-five percent (165%) of the Medicare rate. |
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110 | 102 | | 2. In cases in which the patient must receive emergen cy care as |
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111 | 103 | | deemed necessary by the health care provider and the individual who |
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112 | 104 | | is liable for the medical debt is an enrollee of a health benefit |
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113 | 105 | | plan offered by a health carrier, the medical service provider or |
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114 | 106 | | health care entity providers shall not charge more than the |
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144 | 135 | | C. Failure to comply with the provisions of this act shall be |
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145 | 136 | | grounds for dismissal of any collection suit or garnishment |
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146 | 137 | | proceeding and may be asserted as an affirmative de fense to any such |
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147 | 138 | | action. |
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148 | 139 | | D. For purposes of this section, “medical service or care |
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149 | 140 | | entity” shall include, but not be limited to, a medical care |
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150 | 141 | | corporation, health care corporation, hospital service association, |
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151 | 142 | | medical service corpor ation, health care m aintenance organization, |
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152 | 143 | | not-for-profit hospital, insurer, insurance c ompany or any other |
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153 | 144 | | third-party payer of medical expenses. |
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154 | 145 | | SECTION 2. This act shall become effective November 1, 2021. |
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