Pennsylvania SB 371: An Act providing for medical debt collection protection; and imposing duties on the Attorney General and the Department of Health.

Bill Text

PRINTER'S NO. 319
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 371
Session of
2025
INTRODUCED BY HUGHES, HAYWOOD, KEARNEY, SCHWANK, TARTAGLIONE,
PISCIOTTANO, COSTA AND KANE, MARCH 6, 2025
REFERRED TO HEALTH AND HUMAN SERVICES, MARCH 6, 2025
AN ACT
Providing for medical debt collection protection; and imposing
duties on the Attorney General and the Department of Health.
TABLE OF CONTENTS
Section 1. Short title.
Section 2. Definitions.
Section 3. Screening for insurance, program eligibility and
patient status.
Section 4. Protections.
Section 5. Price information.
Section 6. Communications.
Section 7. Uninsured patients.
Section 8. Payment plans.
Section 9. Remedies.
Section 10. Enforcement.
Section 11. Medical debt settlement conferences.
Section 12. Prohibition of waiver of rights.
Section 13. Rules and regulations.
Section 14. Severability.
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Section 15. Construction.
Section 16. Applicability.
Section 17. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Medical Debt
Collection Protection Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"CHIP." The children's health care program under Article
XXIII-A of the act of May 17, 1921 (P.L.682, No.284), known as
The Insurance Company Law of 1921.
"Consumer." A natural person.
"Consumer reporting agency." A person that, for monetary
fees or dues or on a cooperative nonprofit basis, regularly
engages in whole or in part in the practice of assembling or
evaluating consumer credit information or other information on
consumers for the purpose of furnishing consumer reports to
third parties.
"Department." The Department of Health of the Commonwealth.
"Emergency or medically necessary care." As follows:
(1) Health care services that are provided on an
emergency basis or are otherwise determined to be appropriate
for a patient's condition based on current standards of
acceptable medical practice.
(2) The term may exclude care or services that are
primarily for the convenience of the patient or the patient's
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health care provider.
"Government program." Any of the following:
(1) Medical assistance.
(2) CHIP.
"Gross charges." The full, established price for health care
services that a health care provider charges uninsured patients
before applying any contractual allowances, discounts or
deductions.
"Health care provider." Any of the following:
(1) A person registered, certified or licensed to
perform health care services within this Commonwealth.
(2) A health care facility licensed under Chapter 8 of
the act of July 19, 1979 (P.L.130, No.48), known as the
Health Care Facilities Act.
"Health care services." Services for the diagnosis,
prevention, treatment, cure or relief of a physical, behavioral
or mental health condition, substance use disorder, illness,
injury or disease, which services include procedures, products,
devices or medications.
"Health insurance decision." A decision by an insurer
regarding a claim for health care services.
"Household income." Income calculated by using the methods
used to calculate income for purposes of determining eligibility
for medical assistance.
"Impermissible collection action." Any of the following:
(1) Placing a lien on a person's primary residence.
(2) Reporting adverse information about a person to a
consumer reporting agency.
"Judicial officer." As defined in 42 Pa.C.S. § 102 (relating
to definitions).
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"LEP group." A population with limited English proficiency
that constitutes the lesser of 1,000 individuals or 5% of the
community served by a health care provider or the population
likely to be affected or encountered by the health care
provider. For purposes of this definition, a health care
provider may use any reasonable method to determine the
percentage or number of limited English proficiency individuals
in the health care provider's community or likely to be affected
or encountered by the health care provider.
"Medical assistance." The Commonwealth's medical assistance
program established under the act of June 13, 1967 (P.L.31,
No.21), known as the Human Services Code.
"Medical debt." A debt arising from the receipt of health
care services.
"Medical debt collector." Either of the following:
(1) A person engaged in the business of collecting or
attempting to collect, directly or indirectly, medical debts
originally owed or due or asserted to be owed or due to
another person.
(2) A person who purchases a medical debt for collection
purposes, whether the person collects the medical debt itself
or hires a third party