Bill Text: TX HB2732 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to prohibited reporting of information regarding debt incurred for nonemergency medical care.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-05-09 - Placed on General State Calendar [HB2732 Detail]

Download: Texas-2019-HB2732-Introduced.html
  86R174 EES-D
 
  By: Burrows H.B. No. 2732
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibited reporting of information regarding debt
  incurred for nonemergency medical care.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 20, Business & Commerce
  Code, is amended to read as follows:
  CHAPTER 20. REGULATION OF CONSUMER CREDIT REPORTING [AGENCIES]
         SECTION 2.  Section 20.05(a), Business & Commerce Code, is
  amended to read as follows:
         (a)  Except as provided by Subsection (b), a consumer
  reporting agency may not furnish a consumer report containing
  information related to:
               (1)  a case under Title 11 of the United States Code or
  under the federal Bankruptcy Act in which the date of entry of the
  order for relief or the date of adjudication predates the consumer
  report by more than 10 years;
               (2)  a suit or judgment in which the date of entry
  predates the consumer report by more than seven years or the
  governing statute of limitations, whichever is longer;
               (3)  a tax lien in which the date of payment predates
  the consumer report by more than seven years;
               (4)  a record of arrest, indictment, or conviction of a
  crime in which the date of disposition, release, or parole predates
  the consumer report by more than seven years; [or]
               (5)  another item or event that predates the consumer
  report by more than seven years; or
               (6)  an unpaid debt incurred by a consumer for
  nonemergency medical care, as defined by Section 20.51, provided to
  the consumer or a person to whom the consumer has a legal obligation
  to provide support, unless the reporting of that debt complies with
  Subchapter F.
         SECTION 3.  Section 20.11(a), Business & Commerce Code, is
  amended to read as follows:
         (a)  The attorney general may file a suit against a person
  for:
               (1)  injunctive relief to prevent or restrain a
  violation of this chapter other than Subchapter F; or
               (2)  a civil penalty in an amount not to exceed $2,000
  for each violation of this chapter other than Subchapter F.
         SECTION 4.  Section 20.12, Business & Commerce Code, is
  amended to read as follows:
         Sec. 20.12.  DECEPTIVE TRADE PRACTICE. A violation of this
  chapter other than Subchapter F is a false, misleading, or
  deceptive act or practice under Subchapter E, Chapter 17.
         SECTION 5.  Section 20.13, Business & Commerce Code, is
  amended to read as follows:
         Sec. 20.13.  VENUE. An action brought under this chapter
  other than Subchapter F shall be filed in a district court:
               (1)  in Travis County;
               (2)  in any county in which the violation occurred; or
               (3)  in the county in which the victim resides,
  regardless of whether the alleged violator has resided, worked, or
  done business in the county in which the victim resides.
         SECTION 6.  Chapter 20, Business & Commerce Code, is amended
  by adding Subchapter F to read as follows:
  SUBCHAPTER F. PROHIBITED REPORTING OF CERTAIN MEDICAL DEBT
         Sec. 20.51.  DEFINITIONS. In this subchapter:
               (1)  "Health care provider" has the meaning assigned by
  Section 1452.101, Insurance Code.
               (2)  "Nonemergency medical care" means any health care
  services that are not emergency care as defined by Section
  1301.155(a), Insurance Code.
         Sec. 20.52.  REPORTING OF INFORMATION RELATED TO DEBT
  ARISING FROM NONEMERGENCY MEDICAL CARE; TIME FOR REPORTING. (a) A
  health care provider or other person may not provide to a consumer
  reporting agency information regarding an unpaid debt incurred by a
  consumer for nonemergency medical care provided to the consumer or
  a person to whom the consumer has a legal obligation to provide
  support unless:
               (1)  the consumer or the consumer's guardian or other
  legal representative is presented with and signs at the time of
  receipt a disclosure form concerning the medical charges as
  prescribed by Subsection (b) before the medical care is provided;
  and
               (2)  the information is provided to the agency at least
  180 days after the date the consumer receives the medical bill for
  the charges.
         (b)  The executive commissioner of the Health and Human
  Services Commission by rule shall prescribe the form and content of
  the disclosure required by this section and the Department of State
  Health Services shall publish the disclosure form on the
  department's Internet website. The disclosure form must be in
  plain language and include:
               (1)  an itemized statement of the amounts to be billed
  for the nonemergency medical care;
               (2)  an explanation of the restrictions on providing
  information under Subsection (a); and
               (3)  any other information the department considers
  necessary.
         SECTION 7.  The changes in law made by this Act apply only to
  debt incurred by a consumer for nonemergency medical care, as
  defined by Section 20.51, Business & Commerce Code, as added by this
  Act, provided on or after the effective date of this Act.
         SECTION 8.  This Act takes effect September 1, 2019.
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