1 | 1 | | By: Talarico H.B. No. 2478 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | A BILL TO BE ENTITLED |
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7 | 7 | | AN ACT |
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8 | 8 | | relating to the reporting of certain information regarding |
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9 | 9 | | medically necessary debt on a consumer report. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 20.05, Business & Commerce Code, is |
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12 | 12 | | amended by amending Subsections (a) and (d) to read as follows: |
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13 | 13 | | (a) Except as provided by Subsection (b), a consumer |
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14 | 14 | | reporting agency may not furnish a consumer report containing |
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15 | 15 | | information related to: |
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16 | 16 | | (1) a case under Title 11 of the United States Code or |
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17 | 17 | | under the federal Bankruptcy Act in which the date of entry of the |
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18 | 18 | | order for relief or the date of adjudication predates the consumer |
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19 | 19 | | report by more than 10 years; |
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20 | 20 | | (2) a suit or judgment in which the date of entry |
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21 | 21 | | predates the consumer report by more than seven years or the |
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22 | 22 | | governing statute of limitations, whichever is longer; |
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23 | 23 | | (3) a tax lien in which the date of payment predates |
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24 | 24 | | the consumer report by more than seven years; |
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25 | 25 | | (4) a record of arrest, indictment, or conviction of a |
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26 | 26 | | crime in which the date of disposition, release, or parole predates |
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27 | 27 | | the consumer report by more than seven years; |
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28 | 28 | | (5) a collection account with a medical industry code, |
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29 | 29 | | if the consumer was covered by a health benefit plan at the time of |
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30 | 30 | | the event giving rise to the collection and the collection is for an |
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31 | 31 | | outstanding balance, after copayments, deductibles, and |
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32 | 32 | | coinsurance, owed to an emergency care provider or a facility-based |
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33 | 33 | | provider for an out-of-network benefit claim; [or] |
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34 | 34 | | (6) medically necessary debt, regardless of the date |
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35 | 35 | | on which the medical debt was incurred; or |
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36 | 36 | | (7) another item or event that predates the consumer |
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37 | 37 | | report by more than seven years. |
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38 | 38 | | (d) In this section: |
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39 | 39 | | (1) "Emergency care provider" means a physician, |
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40 | 40 | | health care practitioner, facility, or other health care provider |
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41 | 41 | | who provides emergency care. |
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42 | 42 | | (2) "Facility" has the meaning assigned by Section |
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43 | 43 | | 324.001, Health and Safety Code. |
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44 | 44 | | (3) "Facility-based provider" means a physician, |
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45 | 45 | | health care practitioner, or other health care provider who |
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46 | 46 | | provides health care or medical services to patients of a facility. |
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47 | 47 | | (4) "Health care practitioner" means an individual who |
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48 | 48 | | is licensed to provide health care services. |
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49 | 49 | | (5) "Medically necessary debt" means a debt or alleged |
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50 | 50 | | debt arising from the receipt of health care services provided to: |
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51 | 51 | | (A) diagnose or treat an illness, injury, |
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52 | 52 | | condition, or disease or the symptoms of an illness, injury, |
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53 | 53 | | condition, or disease that meet accepted standards of medicine; or |
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54 | 54 | | (B) prevent illness or detect illness at an early |
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55 | 55 | | stage, including preventative screening services, vaccines, and |
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56 | 56 | | tests. |
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57 | 57 | | SECTION 2. Section 20.05(a), Business & Commerce Code, as |
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58 | 58 | | amended by this Act, applies only to a consumer report furnished on |
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59 | 59 | | or after the effective date of this Act. A consumer report |
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60 | 60 | | furnished before the effective date of this Act is governed by the |
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61 | 61 | | law in effect on the date the report was furnished, and the former |
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62 | 62 | | law is continued in effect for that purpose. |
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63 | 63 | | SECTION 3. This Act takes effect September 1, 2025. |
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