Texas 2019 - 86th Regular

Texas House Bill HB2732 Compare Versions

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

Old	New	Differences
1	1	86R174 EES-D
2	2	By: Burrows H.B. No. 2732
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 unpaid debt incurred by a consumer for
33	33	nonemergency medical care, as defined by Section 20.51, provided to
34	34	the consumer or a person to whom the consumer has a legal obligation
35	35	to provide support, unless the reporting of that debt complies with
36	36	Subchapter F.
37	37	SECTION 3. Section 20.11(a), Business & Commerce Code, is
38	38	amended to read as follows:
39	39	(a) The attorney general may file a suit against a person
40	40	for:
41	41	(1) injunctive relief to prevent or restrain a
42	42	violation of this chapter other than Subchapter F; or
43	43	(2) a civil penalty in an amount not to exceed $2,000
44	44	for each violation of this chapter other than Subchapter F.
45	45	SECTION 4. Section 20.12, Business & Commerce Code, is
46	46	amended to read as follows:
47	47	Sec. 20.12. DECEPTIVE TRADE PRACTICE. A violation of this
48	48	chapter other than Subchapter F is a false, misleading, or
49	49	deceptive act or practice under Subchapter E, Chapter 17.
50	50	SECTION 5. Section 20.13, Business & Commerce Code, is
51	51	amended to read as follows:
52	52	Sec. 20.13. VENUE. An action brought under this chapter
53	53	other than Subchapter F shall be filed in a district court:
54	54	(1) in Travis County;
55	55	(2) in any county in which the violation occurred; or
56	56	(3) in the county in which the victim resides,
57	57	regardless of whether the alleged violator has resided, worked, or
58	58	done business in the county in which the victim resides.
59	59	SECTION 6. Chapter 20, Business & Commerce Code, is amended
60	60	by adding Subchapter F to read as follows:
61	61	SUBCHAPTER F. PROHIBITED REPORTING OF CERTAIN MEDICAL DEBT
62	62	Sec. 20.51. DEFINITIONS. In this subchapter:
63	63	(1) "Health care provider" has the meaning assigned by
64	64	Section 1452.101, Insurance Code.
65	65	(2) "Nonemergency medical care" means any health care
66	66	services that are not emergency care as defined by Section
67	67	1301.155(a), Insurance Code.
68	68	Sec. 20.52. REPORTING OF INFORMATION RELATED TO DEBT
69	69	ARISING FROM NONEMERGENCY MEDICAL CARE; TIME FOR REPORTING. (a) A
70	70	health care provider or other person may not provide to a consumer
71	71	reporting agency information regarding an unpaid debt incurred by a
72	72	consumer for nonemergency medical care provided to the consumer or
73	73	a person to whom the consumer has a legal obligation to provide
74	74	support unless:
75	75	(1) the consumer or the consumer's guardian or other
76	76	legal representative is presented with and signs at the time of
77	77	receipt a disclosure form concerning the medical charges as
78	78	prescribed by Subsection (b) before the medical care is provided;
79	79	and
80	80	(2) the information is provided to the agency at least
81	81	180 days after the date the consumer receives the medical bill for
82	82	the charges.
83	83	(b) The executive commissioner of the Health and Human
84	84	Services Commission by rule shall prescribe the form and content of
85	85	the disclosure required by this section and the Department of State
86	86	Health Services shall publish the disclosure form on the
87	87	department's Internet website. The disclosure form must be in
88	88	plain language and include:
89	89	(1) an itemized statement of the amounts to be billed
90	90	for the nonemergency medical care;
91	91	(2) an explanation of the restrictions on providing
92	92	information under Subsection (a); and
93	93	(3) any other information the department considers
94	94	necessary.
95	95	SECTION 7. The changes in law made by this Act apply only to
96	96	debt incurred by a consumer for nonemergency medical care, as
97	97	defined by Section 20.51, Business & Commerce Code, as added by this
98	98	Act, provided on or after the effective date of this Act.
99	99	SECTION 8. This Act takes effect September 1, 2019.