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Code · BILL · 117th Congress · H.R. 4350 (Engrossed in House) — To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military c... · Sec. 5107

Sec. 5107. Servicemember protections for medical debt collections

979 words·~4 min read·/bill/117/hr/4350/eh/section-5107·

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Section 803 of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692a ) is amended by adding at the end the following: The term medical debt means a debt arising from the receipt of medical services, products, or devices. . Section 808 of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692f ) is amended by adding at the end the following: Engaging in activities to collect or attempting to collect a medical debt owed or due or asserted to be owed or due by a consumer who was a member of the Armed Forces at the time such debt was incurred, before the end of the 2-year period beginning on the date that the first payment with respect to such medical debt is due. .
Section 603 of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ) is amended by adding at the end the following: The term medical debt means a debt arising from the receipt of medical services, products, or devices. The term medically necessary procedure means— health care services or supplies needed to diagnose or treat an illness, injury, condition, disease, or its symptoms and that meet accepted standards of medicine; and health care to prevent illness or detect illness at an early stage, when treatment is likely to work best (including preventive services such as pap tests, flu shots, and screening mammograms). .
Section 605(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681c(a) ) is amended— in paragraph (7), by adding at the end the following: This paragraph shall not be subject to section 625(b)(1)(E). ; in paragraph (8), by adding at the end the following: This paragraph shall not be subject to section 625(b)(1)(E). ; and by adding at the end the following new paragraphs: Any information related to a debt arising from a medically necessary procedure that occurred when the consumer was a member of the Armed Forces.
This paragraph shall not be subject to section 625(b)(1)(E). Any information related to a medical debt of a consumer that was incurred when the consumer was a member of the Armed Forces, if the date on which such debt was placed for collection, charged to profit or loss, or subjected to any similar action antedates the report by less than 365 calendar days. This paragraph shall not be subject to section 625(b)(1)(E). . Section 623 of the Fair Credit Reporting Act ( 15 U.S.C. 1681s–2 ) is amended by adding at the end the following:
Before furnishing information regarding a medical debt of a consumer that was incurred when the consumer was a member of the Armed Forces to a consumer reporting agency, the person furnishing the information shall send a statement to the consumer that includes the following: A notification that the medical debt— may not be included on a consumer report made by a consumer reporting agency until the later of the date that is 365 days after— the date on which the person sends the statement; with respect to the medical debt of a borrower demonstrating hardship, a date determined by the Director of the Bureau; or the date described under section 605(a)(10); and may not ever be included on a consumer report made by a consumer reporting agency, if the medical debt arises from a medically necessary procedure.
A notification that, if the debt is settled or paid by the consumer or an insurance company before the end of the period described under paragraph (1)(A), the debt may not be reported to a consumer reporting agency. A notification that the consumer may— communicate with an insurance company to determine coverage for the debt; or apply for financial assistance. . Section 623 of the Fair Credit Reporting Act ( 15 U.S.C. 1681s–2 ), as amended by paragraph (1), is further amended by adding at the end the following:
No person shall furnish any information to a consumer reporting agency regarding a debt arising from a medically necessary procedure that occurred when the consumer was a member of the Armed Forces. With respect to a medical debt of a consumer that was incurred when the consumer was a member of the Armed Forces and that is not described under paragraph (1), no person shall furnish any information to a consumer reporting agency regarding such debt before the end of the 365-day period beginning on the later of— the date on which the person sends the statement described under subsection
(f)to the consumer; with respect to the medical debt of a borrower demonstrating hardship, a date determined by the Director of the Bureau; or the date described in section 605(a)(10). With respect to a medical debt of a consumer that was incurred when the consumer was a member of the Armed Forces and that is not described under paragraph (1), no person shall furnish any information to a consumer reporting agency regarding such debt if the debt is settled or paid by the consumer or an insurance company before the end of the 365-day period described under paragraph (2). In this subsection, and with respect to a medical debt, the term borrower demonstrating hardship means a borrower or a class of borrowers who, as determined by the Director of the Bureau, is facing or has experienced unusual extenuating life circumstances or events that result in severe financial or personal barriers such that the borrower or class of borrowers does not have the capacity to repay the medical debt. . Except as otherwise provided under subsection (e), this section and the amendments made by this section shall take effect on the date that is 180 days after the date of enactment of this Act. The dollar amount specified under section 7(a)(3)(A) of the Federal Reserve Act ( 12 U.S.C. 289(a)(3)(A) ) is reduced by $1,000,000. The amendment made by paragraph
(1)shall take effect on September 30, 2031.
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  • 15 USC 1681s–2
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Sec. 5107
Servicemember protections for medical debt collections
Cite15 USC 1681s–2
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