Texas 2017 - 85th Regular

Texas House Bill HB4011 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R15240 JG-D
2	2	By: Burrows H.B. No. 4011
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibited reporting of information regarding debt
8	8	incurred for nonemergency medical care.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Chapter 20, Business & Commerce
11	11	Code, is amended to read as follows:
12	12	CHAPTER 20. REGULATION OF CONSUMER CREDIT REPORTING [AGENCIES]
13	13	SECTION 2. Section 20.05(a), Business & Commerce Code, is
14	14	amended to read as follows:
15	15	(a) Except as provided by Subsection (b), a consumer
16	16	reporting agency may not furnish a consumer report containing
17	17	information related to:
18	18	(1) a case under Title 11 of the United States Code or
19	19	under the federal Bankruptcy Act in which the date of entry of the
20	20	order for relief or the date of adjudication predates the consumer
21	21	report by more than 10 years;
22	22	(2) a suit or judgment in which the date of entry
23	23	predates the consumer report by more than seven years or the
24	24	governing statute of limitations, whichever is longer;
25	25	(3) a tax lien in which the date of payment predates
26	26	the consumer report by more than seven years;
27	27	(4) a record of arrest, indictment, or conviction of a
28	28	crime in which the date of disposition, release, or parole predates
29	29	the consumer report by more than seven years; [or]
30	30	(5) another item or event that predates the consumer
31	31	report by more than seven years; or
32	32	(6) an amount unpaid by a consumer for nonemergency
33	33	medical care described by Section 20.52 unless the reporting of
34	34	that debt complies with Subchapter F.
35	35	SECTION 3. Section 20.11(a), Business & Commerce Code, is
36	36	amended to read as follows:
37	37	(a) The attorney general may file a suit against a person
38	38	for:
39	39	(1) injunctive relief to prevent or restrain a
40	40	violation of this chapter other than Subchapter F; or
41	41	(2) a civil penalty in an amount not to exceed $2,000
42	42	for each violation of this chapter other than Subchapter F.
43	43	SECTION 4. Section 20.12, Business & Commerce Code, is
44	44	amended to read as follows:
45	45	Sec. 20.12. DECEPTIVE TRADE PRACTICE. A violation of this
46	46	chapter other than Subchapter F is a false, misleading, or
47	47	deceptive act or practice under Subchapter E, Chapter 17.
48	48	SECTION 5. Section 20.13, Business & Commerce Code, is
49	49	amended to read as follows:
50	50	Sec. 20.13. VENUE. An action brought under this chapter
51	51	other than Subchapter F shall be filed in a district court:
52	52	(1) in Travis County;
53	53	(2) in any county in which the violation occurred; or
54	54	(3) in the county in which the victim resides,
55	55	regardless of whether the alleged violator has resided, worked, or
56	56	done business in the county in which the victim resides.
57	57	SECTION 6. Chapter 20, Business & Commerce Code, is amended
58	58	by adding Subchapter F to read as follows:
59	59	SUBCHAPTER F. PROHIBITED REPORTING OF CERTAIN MEDICAL DEBT
60	60	Sec. 20.51. DEFINITIONS. In this subchapter:
61	61	(1) "Nonemergency medical care" means any health care
62	62	services that are not emergency care as defined by Section
63	63	1301.155(a), Insurance Code.
64	64	(2) "Health care provider" has the meaning assigned by
65	65	Section 1452.101, Insurance Code.
66	66	Sec. 20.52. REPORTING OF INFORMATION RELATED TO DEBT
67	67	ARISING FROM NONEMERGENCY MEDICAL CARE; TIME FOR REPORTING. (a) A
68	68	health care provider or other person may not provide to a consumer
69	69	reporting agency information regarding an amount unpaid by a
70	70	consumer for nonemergency medical care provided to the consumer or
71	71	a person to whom the consumer has a legal obligation to provide
72	72	support unless:
73	73	(1) the consumer or the consumer's guardian or other
74	74	legal representative is presented with and signs at the time of
75	75	receipt a disclosure form concerning the medical charges as
76	76	prescribed by Subsection (b) before the medical care is provided;
77	77	and
78	78	(2) the information is provided to the agency at least
79	79	180 days after the date the consumer receives the medical bill for
80	80	the charges.
81	81	(b) The executive commissioner of the Health and Human
82	82	Services Commission by rule shall prescribe the form and content of
83	83	the disclosure required by this section and the Department of State
84	84	Health Services shall publish the disclosure form on the
85	85	department's Internet website. The disclosure form must be in
86	86	plain language and include:
87	87	(1) an itemized statement of the amounts to be billed
88	88	for the nonemergency medical care;
89	89	(2) an explanation of the restrictions on providing
90	90	information under Subsection (a); and
91	91	(3) any other information the department considers
92	92	necessary.
93	93	SECTION 7. Subchapter F, Chapter 20, Business & Commerce
94	94	Code, as added by this Act, applies only to information provided to
95	95	a consumer reporting agency on or after the effective date of this
96	96	Act. The provision of information to a consumer reporting agency
97	97	before the effective date of this Act is governed by the law in
98	98	effect when the information was provided, and the former law is
99	99	continued in effect for that purpose.
100	100	SECTION 8. This Act takes effect September 1, 2017.