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