Sec. 3. Requirements for medical billing practices and medical debt collection; medical payment assistance

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Part E of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–131 et seq. ) is amended by adding at the end the following new section: In the case of a health care provider or facility that furnishes items or services to an individual, such provider or facility shall, not later than 45 days before the date on which payment for such items or services is due— determine whether such individual is eligible for assistance with respect to such payment pursuant to the charity care or financial assistance policy of such provider or facility; and if such individual is eligible for such assistance, provide information to such individual regarding such assistance; and on or after the date on which the medical payment assistance resource list under subsection (d)(1) is made available, provide such individual with such list.

In the case of a health care provider or facility that furnishes items or services to an individual, if payment for such items or services is past due, such provider or facility shall— not later than 30 days after the date on which the payment was due, provide to such individual a statement (in clear and understandable language) that includes— subject to paragraph (2)(A), the total amount of the payment that remains due; a description of the attempts made by such provider or facility to determine whether such individual is eligible for assistance (as described in subsection (a)(1)) with respect to the payment; and in each of the 15 most commonly used languages (other than English), as determined by the Secretary, information about language-assistance services related to the payment that are available to individuals with limited English proficiency; and not later than 30 days after a payment related to such items or services is made, provide to such individual a detailed receipt of such payment and a statement of the amount that remains due, if applicable.

In the case of items or services furnished to an uninsured individual by an organization that is described in section 501(r)(2) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(c)(3) of such Code, such organization may not collect payment from such individual with respect to such items or services in an amount greater than the amounts generally billed (within the meaning of section 501(r) of such Code). A health care provider or facility may not collect interest on past-due payments for items or services furnished to an individual.

A health care provider or facility may not enter into a contract with an entity for purposes of collecting payment with respect to items or services furnished by such provider or facility unless such entity agrees to comply with the requirements described in subsections

(a)and

(b)for such provider or facility with respect to such payment. Not later than 1 year after the date of the enactment of the Medical Debt Cancellation Act , the Secretary shall make publicly available on the website of the Department of Health and Human Services a comprehensive list of Federal, State, and local programs that provide financial assistance with respect to payment for items or services furnished by a health care provider or facility. The Secretary shall update the list described in paragraph

(1)not less frequently than annually. . The amendments made by subsection

(a)shall apply with respect to items and services furnished on or after the date that is 1 year after the date of the enactment of this Act. In carrying out this section, the Secretary of Health and Human Services shall— coordinate with relevant Federal departments and agencies, including the Consumer Financial Protection Bureau and the Department of the Treasury; and consult with relevant stakeholders including patient advocates, community-based organizations with experience in medical debt cancellation, and health care providers.

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42 USC 300gg–131

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Sec. 3

Requirements for medical billing practices and medical debt collection; medical payment assistance

Cite42 USC 300gg–131

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