H. R IN THE HOUSE OF REPRESENTATIVES

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1 I 11TH CONGRESS 1ST SESSION H. R. 11 To amend the Fair Debt Collection Practices Act to provide for a timetable for verification of medical debt and to increase the efficiency of credit markets with more perfect information. IN THE HOUSE OF REPRESENTATIVES MAY, 01 Mr. GARY G. MILLER of California (for himself and Mrs. MCCARTHY of New York) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Fair Debt Collection Practices Act to provide for a timetable for verification of medical debt and to increase the efficiency of credit markets with more perfect information. 1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the Accuracy in Reporting Medical Debt Act of 01. SEC.. FINDINGS. tkelley on DSKSPTVN1PROD with BILLS The Congress finds the following: VerDate Mar :19 May 1, 01 Jkt 0900 PO Frm Fmt Sfmt 01 E:\BILLS\H11.IH H11

2 tkelley on DSKSPTVN1PROD with BILLS 1 (1) A reduction in a consumer s credit score can impede consumers economic activity and con- sumer borrowing capacity. () A 01 Federal Trade Commission report found that as many as 0 million Americans have mistakes on their credit report. () According to credit evaluators, medical debt collections are inconsistently reported, and of ques- 9 tionable value in predicting future payment perform- 10 ance. 11 () Medical debt that has been completely paid 1 off or settled will remain on a consumer s credit re- 1 port and can significantly damage a consumer s 1 credit score for years. 1 () Creditworthy consumers may be denied 1 credit, pay higher interest rates, or pay higher fees 1 when buying or refinancing a home loan or obtaining 1 credit for credit-related products due to disputed 19 medical debt on their credit reports. 0 1 SEC.. VALIDATION OF MEDICAL DEBT. (a) IN GENERAL. Section 09 of the Fair Debt Collection Practices Act (1 U.S.C. 19g) is amended by adding at the end the following: (f) VALIDATION OF MEDICAL DEBT. For purposes of medical debt, the following shall apply: VerDate Mar :19 May 1, 01 Jkt 0900 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\H11.IH H11

3 tkelley on DSKSPTVN1PROD with BILLS 1 (1) DEFINITIONS. For purposes of this sub- section: (A) CONSUMER REPORTING AGENCY. The term consumer reporting agency has the meaning given such term under section 0(f) of the Fair Credit Reporting Act. (B) DISPUTES THE VALIDITY. With respect to a medical debt, a consumer disputes the validity of such debt if the consumer states, in writing, that either (i) the consumer is continuing to communicate with an insurance company to determine coverage for the debt; (ii) the consumer disputes the amount or existence of the debt; or (iii) the consumer has applied for financial assistance, provides evidence of such application, and is awaiting a determination. (C) MEDICAL DEBT. The term medical debt means a debt arising from the receipt of medical services, products, or devices. () NOTICE OF SPECIFIC DEADLINE. When sending a statement described under subsection VerDate Mar :19 May 1, 01 Jkt 0900 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\H11.IH H11

4 tkelley on DSKSPTVN1PROD with BILLS 1 (a)(), the debt collector shall include the following information: (A) That the debt collector could report to a consumer reporting agency regarding the debt, if the consumer does not respond to the notice within 0 days from the date on which the consumer received the statement. (B) That, if the consumer does respond, 9 the debt collector could report to a consumer 10 reporting agency regarding the debt at the end 11 of the 10-day period beginning on the date 1 that the debt collector sends the statement. 1 (C) The specific date that is the end of 1 the 10-day period beginning on the date that 1 the debt collector sends the statement. 1 () EFFECT OF CONSUMER NOTICE. If the 1 consumer notifies the debt collector, in writing, with- 1 in the 0-day period described under subsection (a), 19 that the consumer disputes the validity of the debt, 0 the debt collector may not, during the 10-day pe- 1 riod beginning on the date that the debt collector sends the written notice described under subsection (a), communicate with, or report any information to, any consumer reporting agency regarding such debt. This paragraph shall have no effect on when a debt VerDate Mar :19 May 1, 01 Jkt 0900 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\H11.IH H11

5 collector may or may not engage in activities to collect or attempt to collect any debt owed or due or asserted to be owed. () REPORTING AFTER THE 10-DAY PE- RIOD. Nothing in this subsection shall prohibit the debt collector from communicating with, or reporting any information to, any consumer reporting agency regarding such debt after the end of such 10-day period.. (b) EFFECTIVE DATE. The amendment made by subsection (a) shall take effect after the end of the - month period beginning on the date of the enactment of this Act. Æ tkelley on DSKSPTVN1PROD with BILLS VerDate Mar :19 May 1, 01 Jkt 0900 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\H11.IH H11

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