| 1 | 1 | | 25.817.13 100th Legislative Session 1210 |
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| 4 | 4 | | 2025 South Dakota Legislature |
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| 5 | 5 | | House Bill 1210 |
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| 12 | 12 | | Introduced by: Representative Mulder |
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| 14 | 14 | | Underscores indicate new language. |
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| 15 | 15 | | Overstrikes indicate deleted language. |
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| 16 | 16 | | An Act to prohibit a hospital from reporting medical debt for collection in certain 1 |
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| 17 | 17 | | situations. 2 |
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| 18 | 18 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 |
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| 19 | 19 | | Section 1. That a NEW SECTION be added to chapter 54-1: 4 |
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| 20 | 20 | | A hospital, as defined in ยง 34-12-1.1, is prohibited from reporting medical debt to 5 |
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| 21 | 21 | | a medical debt collector for the purpose of collecting the medical debt: 6 |
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| 22 | 22 | | (1) If the individual informs the hospital of an appeal pertaining to a denial of coverage 7 |
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| 23 | 23 | | by the individual's insurance provider, provided the prohibition terminates when 8 |
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| 24 | 24 | | the individual receives a final determination from the insurance provider; 9 |
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| 25 | 25 | | (2) Before the hospital has made reasonable efforts to determine whether the 10 |
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| 26 | 26 | | individual is eligible for assistance under the hospital's financial assistance program 11 |
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| 27 | 27 | | and, if eligible, before a decision is made by the hospital on the individual's 12 |
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| 28 | 28 | | application for financial assistance; 13 |
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| 29 | 29 | | (3) Before the hospital has provided the individual with an itemized statement of health 14 |
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| 30 | 30 | | care services or treatments provided to an individual; 15 |
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| 31 | 31 | | (4) For thirty days after notifying the individual in writing, by certified mail, or by other 16 |
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| 32 | 32 | | traceable delivery method, that a collection action will commence, absent 17 |
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| 33 | 33 | | additional action by the individual; 18 |
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| 34 | 34 | | (5) While the individual negotiates, in good faith, with the hospital on the final amount 19 |
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| 35 | 35 | | of a bill for services or treatments provided to an individual; or 20 |
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| 36 | 36 | | (6) While an individual is in compliance with all terms of a payment plan entered into 21 |
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| 37 | 37 | | with the hospital. 22 |
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| 38 | 38 | | An individual who claims to be adversely affected by this section is permitted to 23 |
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| 39 | 39 | | bring a civil action against the hospital for the recovery of actual damages suffered and 24 |
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| 40 | 40 | | attorney's fees. 25 25.817.13 2 1210 |
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| 41 | 41 | | Underscores indicate new language. |
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| 42 | 42 | | Overstrikes indicate deleted language. |
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| 43 | 43 | | For purposes of this section, "medical debt" means a debt arising from health care 1 |
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| 44 | 44 | | services or treatments provided to an individual. 2 |
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| 45 | 45 | | For purposes of this section, "medical debt collector" means a person who collects 3 |
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| 46 | 46 | | or attempts to collect a medical debt. 4 |
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