Fair Medical Debt Reporting Act

I 116TH CONGRESS 2D SESSION H. R. 8536 To amend the Fair Credit Reporting Act to delay the reporting of medical debt by consumer reporting agencies, and for other purposes. IN THE HOUSE OF REPRESENTATIVES OCTOBER 6, 2020 Mr. GALLAGHER introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Fair Credit Reporting Act to delay the report- ing of medical debt by consumer reporting agencies, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Fair Medical Debt Re- 4 porting Act’’. 5 SEC. 2. REPORTING OF MEDICAL DEBT TO CONSUMER RE- 6 PORTING AGENCIES. 7 The Fair Credit Reporting Act (15 U.S.C. 1681 et 8 seq.) is amended— 9 VerDate Sep 11 2014 00:33 Oct 30, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8536.IH H8536 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8536 IH (1) in section 603, by adding at the end the fol- 1 lowing: 2 ‘‘(bb) MEDICAL DEBT.—The term ‘medical debt’ 3 means a debt arising from the receipt of medical services, 4 products, or devices.’’; 5 (2) in section 605(a), by adding at the end the 6 following: 7 ‘‘(9) Any information relating to a medical debt if— 8 ‘‘(A) the debt has not been placed for collection, 9 charged to profit or loss, or subjected to any similar 10 action; 11 ‘‘(B) the date on which the debt was placed for 12 collection, charged to profit or loss, or subjected to 13 any similar action antedates the report by less than 14 one year; or 15 ‘‘(C) the debt was fully paid or settled before 16 the end of the one-year period beginning on the date 17 described in subparagraph (A).’’; and 18 (3) in section 623, by adding at the end the fol- 19 lowing: 20 ‘‘(f) ADDITIONAL NOTICE REQUIREMENTS FOR MED- 21 ICAL DEBT.—Before a person furnishes information relat- 22 ing to a medical debt of a consumer to a consumer report- 23 ing agency, such person shall— 24 VerDate Sep 11 2014 00:33 Oct 30, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8536.IH H8536 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8536 IH ‘‘(1) notify the consumer that no consumer re- 1 porting agency may make a consumer report con- 2 taining any information relating to a medical debt 3 if— 4 ‘‘(A) the debt has not been placed for col- 5 lection, charged to profit or loss, or subjected to 6 any similar action; or 7 ‘‘(B) the date on which the debt was 8 placed for collection, charged to profit or loss, 9 or subjected to any similar action antedates the 10 report by less than one year; and 11 ‘‘(2) ensure that the consumer has been pro- 12 vided with a detailed accounting of such medical 13 debt.’’. 14 Æ VerDate Sep 11 2014 00:33 Oct 30, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H8536.IH H8536 pbinns on DSKJLVW7X2PROD with BILLS