85R15240 JG-D
By: Burrows H.B. No. 4011
A BILL TO BE ENTITLED
AN ACT
relating to prohibited reporting of information regarding debt
incurred for nonemergency medical care.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 20, Business & Commerce
Code, is amended to read as follows:
CHAPTER 20. REGULATION OF CONSUMER CREDIT REPORTING [AGENCIES]
SECTION 2. Section 20.05(a), Business & Commerce Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), a consumer
reporting agency may not furnish a consumer report containing
information related to:
(1) a case under Title 11 of the United States Code or
under the federal Bankruptcy Act in which the date of entry of the
order for relief or the date of adjudication predates the consumer
report by more than 10 years;
(2) a suit or judgment in which the date of entry
predates the consumer report by more than seven years or the
governing statute of limitations, whichever is longer;
(3) a tax lien in which the date of payment predates
the consumer report by more than seven years;
(4) a record of arrest, indictment, or conviction of a
crime in which the date of disposition, release, or parole predates
the consumer report by more than seven years; [or]
(5) another item or event that predates the consumer
report by more than seven years; or
(6) an amount unpaid by a consumer for nonemergency
medical care described by Section 20.52 unless the reporting of
that debt complies with Subchapter F.
SECTION 3. Section 20.11(a), Business & Commerce Code, is
amended to read as follows:
(a) The attorney general may file a suit against a person
for:
(1) injunctive relief to prevent or restrain a
violation of this chapter other than Subchapter F; or
(2) a civil penalty in an amount not to exceed $2,000
for each violation of this chapter other than Subchapter F.
SECTION 4. Section 20.12, Business & Commerce Code, is
amended to read as follows:
Sec. 20.12. DECEPTIVE TRADE PRACTICE. A violation of this
chapter other than Subchapter F is a false, misleading, or
deceptive act or practice under Subchapter E, Chapter 17.
SECTION 5. Section 20.13, Business & Commerce Code, is
amended to read as follows:
Sec. 20.13. VENUE. An action brought under this chapter
other than Subchapter F shall be filed in a district court:
(1) in Travis County;
(2) in any county in which the violation occurred; or
(3) in the county in which the victim resides,
regardless of whether the alleged violator has resided, worked, or
done business in the county in which the victim resides.
SECTION 6. Chapter 20, Business & Commerce Code, is amended
by adding Subchapter F to read as follows:
SUBCHAPTER F. PROHIBITED REPORTING OF CERTAIN MEDICAL DEBT
Sec. 20.51. DEFINITIONS. In this subchapter:
(1) "Nonemergency medical care" means any health care
services that are not emergency care as defined by Section
1301.155(a), Insurance Code.
(2) "Health care provider" has the meaning assigned by
Section 1452.101, Insurance Code.
Sec. 20.52. REPORTING OF INFORMATION RELATED TO DEBT
ARISING FROM NONEMERGENCY MEDICAL CARE; TIME FOR REPORTING. (a) A
health care provider or other person may not provide to a consumer
reporting agency information regarding an amount unpaid by a
consumer for nonemergency medical care provided to the consumer or
a person to whom the consumer has a legal obligation to provide
support unless:
(1) the consumer or the consumer's guardian or other
legal representative is presented with and signs at the time of
receipt a disclosure form concerning the medical charges as
prescribed by Subsection (b) before the medical care is provided;
and
(2) the information is provided to the agency at least
180 days after the date the consumer receives the medical bill for
the charges.
(b) The executive commissioner of the Health and Human
Services Commission by rule shall prescribe the form and content of
the disclosure required by this section and the Department of State
Health Services shall publish the disclosure form on the
department's Internet website. The disclosure form must be in
plain language and include:
(1) an itemized statement of the amounts to be billed
for the nonemergency medical care;
(2) an explanation of the restrictions on providing
information under Subsection (a); and
(3) any other information the department considers
necessary.
SECTION 7. Subchapter F, Chapter 20, Business & Commerce
Code, as added by this Act, applies only to information provided to
a consumer reporting agency on or after the effective date of this
Act. The provision of information to a consumer reporting agency
before the effective date of this Act is governed by the law in
effect when the information was provided, and the former law is
continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2017.