Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB79 Latest Draft

Bill / Introduced Version

                             
PRINTER'S NO. 30 
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL 
No.79 
Session of 
2025 
INTRODUCED BY VENKAT, DAVIDSON, KHAN, KOSIEROWSKI, KUZMA, RIGBY, 
TWARDZIK, GUENST, PROBST, ABNEY, D. MILLER, GIRAL, HANBIDGE, 
CIRESI, SANCHEZ, HOWARD, FIEDLER, HADDOCK, POWELL, BOROWSKI, 
HILL-EVANS, FREEMAN, KENYATTA, DONAHUE, FRANKEL, FLEMING, 
FRIEL, MALAGARI, SHUSTERMAN, PIELLI, PASHINSKI, CEPEDA-
FREYTIZ, BOYD, SIEGEL, O'MARA AND OTTEN, JANUARY 10, 2025 
REFERRED TO COMMITTEE ON HEALTH, JANUARY 10, 2025 
AN ACT
Establishing the Medical Debt Relief Program; establishing 
requirements for hospital-based financial assistance; and 
imposing duties on the Department of Health.
The General Assembly of the Commonwealth of Pennsylvania 
hereby enacts as follows:
Section 1.  Short title.
This act shall be known and may be cited as the Medical Debt 
Relief Act.
Section 2.  Definitions.
The following words and phrases when used in this act shall 
have the meanings given to them in this section unless the 
context clearly indicates otherwise:
"Bad debt expense."  The cost of care for which a health care 
provider expected payment from the patient or a third-party 
payor, but which the health care provider or commercial debt 
collection agency subsequently determines to be uncollectible.
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16 "Department."  The Department of Health of the Commonwealth.
"Eligible patient."  An individual who meets all of the 
following requirements:
(1)  Is a resident of this Commonwealth.
(2)  Can demonstrate an inability to pay the cost of 
medical care even after the application of payments for 
third-party health coverage.
(3)  Provides financial information and documentation 
showing that their income and assets make them eligible for 
hospital-based financial assistance under the policies of the 
hospital and of this act.
"Eligible resident."  An individual eligible f or relief who 
meets all of the following conditions:
(1)  Is a resident of this Commonwealth.
(2)  Has a household income at or below 400% of the 
Federal poverty guidelines or has medical debt equal to 5% or 
more of the individual's household income.
"Health care provider."  Either of the following:
(1)  A health care provider, as defined in section 1201 
of the act of May 17, 1921 (P.L.682, No.284), known as The 
Insurance Company Law of 1921.
(2)  An emergency medical services agency, as defined in 
35 Pa.C.S. ยง 8103 (relating to definitions).
"Hospital-based financial assistance."  Financial assistance 
provided by hospitals to patients that includes charity care or 
discounted care where the cost of care ordinarily charged by a 
hospital is provided free of charge or at a reduced rate or a 
hospital relieves an eligible patient's medical bill in part or 
in full based on eligibility criteria.
"Medical debt."  An obligation to pay money arising from the 
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30 receipt of health care services.
"Medical debt relief."  The discharge of a patient's medical 
debt.
"Medical debt relief coordinator."  A person, company, 
partnership or other entity that is able to discharge medical 
debt of an eligible resident in a manner that does not result in 
a taxable event for the eligible resident .
"Primary language."  A language that is the preferred 
language for communication during at least 5% of the annual 
patient visits by patients who do not have the proficiency in 
English necessary to speak, read and write about health care-
related matters.
"Program."  The Medical Debt Relief Program established under 
section 3.
"Public health coverage option."  A program administered by 
the Department of Human Services, including Medical Assistance 
and the Children's Health Insurance Program, and by the 
Pennsylvania Health Insurance Exchange Authority.
Section 3.  Medical Debt Relief Program.
(a)  Establishment and purpose.--The Medical Debt Relief 
Program is established within the department for the purpose of 
discharging medical debt of eligible residents by contracting 
with a medical debt relief coordinator as described in 
subsection (c).
(b)  Use of money.--Money appropriated to the department for 
the program shall be used exclusively for the program, including 
contracting with a medical debt relief coordinator and providing 
money to be used by the medical debt relief coordinator to 
discharge medical debt of eligible residents. Money used in 
contracting with a medical debt relief coordinator may also be 
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30 used for the payment of services provided by the medical debt 
relief coordinator to discharge medical debt of eligible 
residents based on a budget approved by the department.
(c)  Contracts.--
(1)  The department is authorized to and shall enter into 
a contract with a medical debt relief coordinator to purchase 
and discharge medical debt owed by an eligible resident with 
money allocated for the program.
(2)  The department shall implement a competitive bidding 
process to determine which medical debt relief coordinator to 
use, unless the department determines that only a single 
medical debt relief coordinator has the capacity and 
willingness to carry out the duties specified in this act.
(3)  In contracting with the department, a medical debt 
relief coordinator shall adhere to the following:
(i)  The medical debt relief coordinator shall review 
the medical debt accounts of each commercial debt 
collection agency or health care provider willing to sell 
medical debt accounts in this Commonwealth.
(ii)  The medical debt relief coordinator may elect 
to buy the dischargeable medical debt from the commercial 
debt collection agency or health care provider that 
identifies the accounts described in subparagraph (i) as 
a bad debt expense.
(iii)  After the purchase and discharge of medical 
debt from a commercial debt collection agency or health 
care provider, the medical debt relief coordinator shall 
notify all eligible residents whose medical debt has been 
discharged under the program, in a manner approved by the 
department, that they no longer have specified medical 
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30 debt owed to the relevant health care provider or 
commercial debt collection agency .
(iv)  A medical debt relief coordinator shall make a 
best effort to ensure parity and equity in the purchasing 
and discharging of medical debt to ensure that all 
eligible residents have an equal opportunity of receiving 
medical debt relief regardless of their geographical 
location or identities and characteristics as identified 
in section 2 of the act of October 27, 1955 (P.L.744, 
No.222), known as the Pennsylvania Human Relations Act.
(v)  A medical debt relief coordinator shall report 
to the department the summary statistics regarding 
eligible residents whose medical debt has been 
discharged.
(vi)  A medical debt relief coordinator may not 
attempt to seek payment from an eligible resident for 
medical debt purchased by the medical debt relief 
coordinator.
(4)  A medical debt relief coordinator shall continue to 
fulfill its contractual obligations to the department until 
all money contracted to the medical debt relief coordinator 
is exhausted, regardless of whether money allocated to the 
program has been exhausted.
(d)  Breach of contract.--If a medical debt relief 
coordinator attempts to seek payment from an eligible resident 
for medical debt purchased by the medical debt relief 
coordinator or fails to carry out the responsibilities described 
in its contract with the department, the medical debt relief 
coordinator shall be considered in breach of contract and the 
contract provisions that apply in the case of a breach of 
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30 contract shall apply.
Section 4.  Reporting on program .
(a)  Requirement.--Beginning one year after the effective 
date of this section and annually thereafter for as long as 
medical debt relief coordinators are fulfilling their 
contractual obligations under this act, the department shall 
submit an annual report regarding the program in accordance with 
this section.
(b)  Contents.--Each report under this section shall contain 
the following information for the annual period covered by the 
report:
(1)  The amount of medical debt purchased and discharged 
under the program.
(2)  The number of eligible residents who received 
medical debt relief under the program.
(3)  The characteristics of the eligible residents as 
described in section 3(c)(3)(iv).
(4)  The number and characteristics of health care 
providers from whom medical debt was purchased and 
discharged.
(5)  The number of eligible residents whose income was 
calculated at 100%, 150% or 200% of the Federal poverty 
level.
(6) The number of and characteristics of medical debt 
relief coordinators contracted with for the purposes of 
purchasing and discharging medical debt.
(c)  Submittal.--Each report under this section shall be 
submitted to the following:
(1)  The Governor.
(2)  The President pro tempore of the Senate.
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30 (3)  The Speaker of the House of Representatives.
(4)  The Majority Leader and Minority Leader of the 
Senate.
(5)  The Majority Leader and Minority Leader of the House 
of Representatives.
(6)  The chairperson and minority chairperson of the 
Health and Human Services Committee of the Senate.
(7)  The chairperson and minority chairperson of the 
Health Committee of the House of Representatives.
Section 5.  Hospital-based financial assistance forms and 
policies.
(a)  Forms.--The department shall develop the following forms 
and make them available to hospitals and the general public:
(1)  A uniform application for financial assistance that 
shall be used in every hospital in this Commonwealth to 
determine if an individual is an eligible patient.
(2)  A uniform one-page template all hospitals shall use 
to summarize eligibility information for financial 
assistance. At a minimum, the summary shall include:
(i)  Income eligibility guidelines for hospital-based 
financial assistance expressed as both a percent of the 
Federal Poverty Income Guidelines and a dollar amount 
based on common household sizes.
(ii)  Information about the limits on amounts and 
type of assets.
(iii)  Information on income eligibility guidelines 
for a public health coverage option expressed as both a 
percent of the Federal Poverty Income Guidelines and a 
dollar amount based on common household sizes and how to 
apply for those coverage options.
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30 (iv)  Contact information for how to apply for 
hospital-based financial assistance and how to get help 
applying for hospital-based financial assistance.
(3)  A brief uniform statement of the availability of 
hospital-based financial assistance and of the application 
for hospital-based financial assistance to be stated 
prominently on hospital materials.
(b)  Development of form.--The department shall include input 
from hospitals and the general public in developing the forms 
described in subsection (a)(1).
(c)  Accessibility of forms.--Each form outlined in 
subsection (a) shall be:
(1)  Written in plain language at a sixth grade reading 
level.
(2)  Translated by the department into all primary 
languages identified by a hospital.
(3)  Made accessible by the hospital to individuals with 
visual impairments upon request.
(4)  Posted by hospitals online in a publicly accessible 
format. A full copy of the hospital's financial assistance 
policies shall also be published along with the summary in 
subsection (a)(2).
(d)  Disclosure to patients.--
(1)  A hospital shall provide the form discussed in 
subsection (a)(2) to all patients upon intake and discharge. 
Additionally, a hospital shall place the uniform statement 
provided for in subsection (a)(3) on all bills, billing 
statements, good faith estimates, admittance forms and 
discharge paperwork.
(2)  A hospital shall provide a full copy of its 
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30 financial assistance policies upon request.
(3)  A hospital shall provide assistance understanding 
and completing a financial assistance application upon 
request.
(e)  Alignment with public health coverage options.--
(1)  Hospitals shall use the income counting rules and 
household composition rules consistent with 42 CFR 435.603 
(relating to application of modified adjusted gross income 
(MAGI)) and shall adjust their policies according to rules 
within 180 days after the effective date of this paragraph.
(2)  The Department of Human Services shall explore a 
process for connecting the uniform application for financial 
assistance with the department's electronic eligibility 
system in order to evaluate an applicant's eligibility for a 
public health coverage option.
(3)  A patient seeking financial assistance may provide 
the following financial information and documentation in 
support of their application:
(i)  paychecks or pay stubs;
(ii)  unemployment documentation;
(iii)  Social Security income;
(iv)  rent receipts;
(v)  a letter from the patient's employer attesting 
to the patient's gross income;
(vi)  copies of recent tax returns; or
(vii)  if none of the aforementioned information and 
documentation are available, a written self-attestation 
of the patient's income.
(4)  Hospitals may provide hospital-based financial 
assistance to any patient who is already enrolled in the 
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30 Supplemental Nutrition Assistance Program (SNAP), Special 
Supplemental Nutrition Program for Women, Infants and 
Children (WIC) or Low-Income Home Energy Assistance Program 
(LIHEAP), based on presumptive eligibility through use of 
electronic verification data.
(5)  Upon submission of a completed application form, the 
patient is not liable for any bills until the hospital has 
rendered a decision on the application.
Section 6.  Tax applicability.
The amount of interest and principal balance of medical debt 
discharged under the program shall not be included in the 
classes of income identified in section 303 of the act of March 
4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.
Section 7.  Effective date.
This act shall take effect immediately.
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