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S. 4350, COVID–19 Medical Debt Collection Relief Act of 2020

Summary

S. 4350, the COVID-19 Medical Debt Collection Relief Act of 2020, was introduced in the Senate on July 29, 2020, by Van Hollen with Murphy. It provides immediate relief for patients from certain medical debt collection efforts during and immediately after the COVID-19 public health emergency. The covered period begins on February 1, 2020. A civil action provision allows damages not to exceed $1,000 for each failure to comply, and in a class action an amount for other class members not to exceed the lesser of $2,000,000 or 1 percent of the annual net income of the covered provider, plus costs and a reasonable attorney's fee.

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Issuer
Congressional materials
Document type
Bills Bills 116S4350Is Bills 116S4350Is
Case
Bills Bills 116S4350Is Bills 116S4350Is

Cite this document

“S. 4350, COVID–19 Medical Debt Collection Relief Act of 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4350is-bills-116s4350is/, SHA-256 09ae916cd6221708e3ef3ce0913f6c5754f9b73bd51adead5948704a986b0bbf.

Full text

                                                                                                                                                                        II




                                                                     116TH CONGRESS
                                                                        2D SESSION
                                                                                                            S. 4350
                                                                       To provide immediate relief for patients from certain medical debt collection
                                                                      efforts during and immediately after the COVID–19 public health emergency.




                                                                                 IN THE SENATE OF THE UNITED STATES
                                                                                                   JULY 29, 2020
                                                                     Mr. VAN HOLLEN (for himself and Mr. MURPHY) introduced the following bill;
                                                                         which was read twice and referred to the Committee on Health, Edu-
                                                                         cation, Labor, and Pensions




                                                                                                               A BILL
                                                                     To provide immediate relief for patients from certain medical
                                                                        debt collection efforts during and immediately after the
                                                                        COVID–19 public health emergency.

                                                                       1              Be it enacted by the Senate and House of Representa-
                                                                       2 tives of the United States of America in Congress assembled,
                                                                       3     SECTION 1. SHORT TITLE.

                                                                       4              This Act may be cited as the ‘‘COVID–19 Medical
                                                                       5 Debt Collection Relief Act of 2020’’.
                                                                       6     SEC. 2. RELIEF FROM MEDICAL DEBT COLLECTION.

                                                                       7              (a) DEFINITIONS.—In this section:




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                                                                       1                       (1) COVERED PERIOD.—The term ‘‘covered pe-
                                                                       2              riod’’ means the period beginning on February 1,
                                                                       3              2020, and ending on the date that is the later of—
                                                                       4                                 (A) the end of the incident period with re-
                                                                       5                       spect to the emergency involving Federal pri-
                                                                       6                       mary responsibility determined to exist by the
                                                                       7                       President under section 501(b) of the Robert T.
                                                                       8                       Stafford Disaster Relief and Emergency Assist-
                                                                       9                       ance Act (42 U.S.C. 5191(b)) with respect to
                                                                     10                        the coronavirus disease 2019 (COVID–19); or
                                                                     11                                  (B) 18 months after the date of enactment
                                                                     12                        of this Act.
                                                                     13                        (2) COVERED PROVIDER.—The term ‘‘covered
                                                                     14               provider’’ means any entity or individual that—
                                                                     15                                  (A) provides health care services to pa-
                                                                     16                        tients; and
                                                                     17                                  (B) has applied for or accepted any Fed-
                                                                     18                        eral funds for COVID–19 health care costs or
                                                                     19                        financial relief, including funds allocated under
                                                                     20                        the Families First Coronavirus Response Act
                                                                     21                        (Public Law 116–127), the CARES Act (Public
                                                                     22                        Law 116–136), or any other Federal law that
                                                                     23                        allocates COVID–19 relief funding.
                                                                     24                        (3) EXTRAORDINARY COLLECTION ACTIONS.—



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                                                                     25               The term ‘‘extraordinary collection actions’’ means


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                                                                       1              the actions described in section 1.501(r)–6(b) of title
                                                                       2              26, Code of Federal Regulations.
                                                                       3                       (4) MEDICAL DEBT.—The term ‘‘medical debt’’
                                                                       4              means a debt arising from the receipt of medical
                                                                       5              services, products, or devices.
                                                                       6                       (5) SECRETARY.—The term ‘‘Secretary’’ means
                                                                       7              the Secretary of Health and Human Services.
                                                                       8              (b) SUSPENSION OF COLLECTION ACTIVITIES.—A
                                                                       9 covered provider and agents operating on behalf of covered
                                                                     10 providers shall suspend all extraordinary collection actions
                                                                     11 relating to the collection of a medical debt relating to a
                                                                     12 patient during the covered period.
                                                                     13               (c) SUSPENSION OF REPAYMENT PLANS.—
                                                                     14                        (1) IN GENERAL.—With respect to a patient
                                                                     15               who has entered into a repayment plan with a cov-
                                                                     16               ered provider relating to a medical debt, such pro-
                                                                     17               vider shall suspend such repayment plan upon the
                                                                     18               request of the patient or the patient’s guardian for
                                                                     19               the duration of the covered period, and ensure the
                                                                     20               application of reasonable forbearance and repayment
                                                                     21               options when such repayments resume. Such options
                                                                     22               may include maintaining the same payment schedule
                                                                     23               with respect to the medical debt by extending the re-
                                                                     24               payment period by the same period of time that pay-



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                                                                     25               ments were suspended under the previous sentence.


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                                                                       1                       (2) INTEREST                     AND         FEES.—Interest              or fees
                                                                       2              shall not accrue during the period in which a pay-
                                                                       3              ment plan is suspended under paragraph (1).
                                                                       4              (d) APPLICATION OF CERTAIN CONSUMER PROTEC-
                                                                       5     TIONS.—

                                                                       6                       (1) IN GENERAL.—Medical debt incurred dur-
                                                                       7              ing the period beginning on February 1, 2020, and
                                                                       8              ending on the date that is 60 days after the lifting
                                                                       9              of the state of emergency for COVID–19-related
                                                                     10               testing and treatment (as determined by the Sec-
                                                                     11               retary) shall be subject to the following consumer
                                                                     12               protections:
                                                                     13                                  (A) A one-year extension of Federal and
                                                                     14                        State health insurance appeal deadlines, includ-
                                                                     15                        ing the deadlines set forth in section 2719 of
                                                                     16                        the Public Health Service Act (42 U.S.C.
                                                                     17                        300gg–19) and sections 2590.715 through
                                                                     18                        2179 of title 29, Code of Federal Regulations,
                                                                     19                        and the appeal and grievance deadlines for the
                                                                     20                        denials of Medicare or Medicaid claims under
                                                                     21                        titles XVIII and XIX of the Social Security Act
                                                                     22                        (42 U.S.C. 1395 and 1396 et seq.).
                                                                     23                                  (B) A prohibition on the accrual and col-
                                                                     24                        lection of fees and interest related to the med-



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                                                                     25                        ical debts involved.


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                                                                       1                                 (C) A prohibition on any extraordinary col-
                                                                       2                       lection actions as described in section 1.501(r)–
                                                                       3                       6(b) of title 26, Code of Federal Regulations.
                                                                       4                       (2) COVID–19-RELATED TESTING AND TREAT-
                                                                       5              MENT.—For                purposes of paragraph (1), the term
                                                                       6              ‘‘COVID–19-related testing and treatment’’ includes
                                                                       7              items and services (including in-person or telehealth
                                                                       8              visits in which such items and services are fur-
                                                                       9              nished) that are furnished—
                                                                     10                                  (A) to an individual who has been diag-
                                                                     11                        nosed with (or after the provision of such items
                                                                     12                        and services is diagnosed with) COVID–19 to
                                                                     13                        treat or mitigate the effects of COVID–19; and
                                                                     14                                  (B) to an individual who is presumed by a
                                                                     15                        health care provider to have COVID–19 but is
                                                                     16                        never diagnosed as such.
                                                                     17               (e) PENALTIES.—Except as provided in this section,
                                                                     18 a covered provider or its agent that fails to comply with
                                                                     19 any provision of this section with respect to a patient shall
                                                                     20 be liable to such patient for damages in an amount equal
                                                                     21 to the sum of—
                                                                     22                        (1) any actual damages sustained by such pa-
                                                                     23               tient as a result of such failure to comply;
                                                                     24                        (2) in the case of an action commenced—



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                                                                       1                                 (A) by an individual, any additional dam-
                                                                       2                       ages as the court may permit, but not to exceed
                                                                       3                       $1,000 for each failure to comply; or
                                                                       4                                 (B) by a class of patients—
                                                                       5                                        (i) such amount for each named plain-
                                                                       6                                 tiff as could be recovered under paragraph
                                                                       7                                 (1) and subparagraph (A); and
                                                                       8                                        (ii) such amount as the court may
                                                                       9                                 allow for all other class members, without
                                                                     10                                  regard to a minimum individual recovery,
                                                                     11                                  not to exceed the lesser of $2,000,000 or
                                                                     12                                  1 percent of the annual net income of the
                                                                     13                                  covered provider; and
                                                                     14                        (3) in the case of any successful action under
                                                                     15               this section, the costs of the action, together with a
                                                                     16               reasonable attorney’s fee as determined appropriate
                                                                     17               by the court.
                                                                                                                                Æ




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