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S. 355, COVID–19 Medical Debt Collection Relief Act of 2021

Summary

Senate bill S. 355 of the 117th Congress, 1st Session, was introduced February 22, 2021, to provide immediate relief for patients from certain medical debt collection efforts during and immediately after the COVID–19 public health emergency. Van Hollen introduced it with the cosponsors named in the heading, and it was referred to the Committee on Health, Education, Labor, and Pensions. The short title is the COVID–19 Medical Debt Collection Relief Act of 2021. Section 2 says a covered provider and agents operating on behalf of covered providers shall suspend all extraordinary collection actions relating to the collection of a medical debt during the covered period. A patient with a repayment plan may request suspension of the plan for the covered period.

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Issuer
Congressional materials
Document type
Bills Bills 117S355Is Bills 117S355Is
Case
Bills Bills 117S355Is Bills 117S355Is

Cite this document

“S. 355, COVID–19 Medical Debt Collection Relief Act of 2021.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s355is-bills-117s355is/, SHA-256 709e84138030fc35053a510b809f15abad65ee01dcbc70e85809fa16a39fe737.

Full text

                                                                                                                                                                        II




                                                                       117TH CONGRESS
                                                                          1ST SESSION
                                                                                                                 S. 355
                                                                         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
                                                                                                  FEBRUARY 22, 2021
                                                                       Mr. VAN HOLLEN (for himself, Mr. MERKLEY, Mr. BROWN, and Mr.
                                                                           BLUMENTHAL) introduced the following bill; which was read twice and re-
                                                                           ferred to the Committee on Health, Education, 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 2021’’.
                                                                         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.




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                                                                       24                         (3) EXTRAORDINARY COLLECTION ACTIONS.—
                                                                       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 take the following actions:
                                                                       18                                  (A) Include in patient billing a notification
                                                                       19                         that repayment plans for medical debt are
                                                                       20                         available upon request.
                                                                       21                                  (B) Include in patient billing a notification
                                                                       22                         that any patient who has entered into a repay-
                                                                       23                         ment plan with the provider may request a sus-




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                                                                       24                         pension of the payment plan during the covered




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                                                                         1                        period, and provide contact information for the
                                                                         2                        patient to make such request.
                                                                         3                                 (C) Suspend such repayment plan upon
                                                                         4                        the request of the patient or the patient’s
                                                                         5                        guardian for the duration of the covered period.
                                                                         6                                 (D) Ensure the application of reasonable
                                                                         7                        forbearance and repayment options when such
                                                                         8                        repayments resume. Such options may include
                                                                         9                        maintaining the same payment schedule with
                                                                       10                         respect to the medical debt by extending the re-
                                                                       11                         payment period by the same period of time that
                                                                       12                         payments were suspended under this sub-
                                                                       13                         section.
                                                                       14                         (2) GUIDANCE.—Not later than 14 days after
                                                                       15               the date of enactment of this Act, the Secretary
                                                                       16               shall issue guidance on best practices for notifying
                                                                       17               patients of their repayment options, as described in
                                                                       18               paragraph (1). Such guidance shall include taglines
                                                                       19               that alert individuals with limited English pro-
                                                                       20               ficiency (LEP) to the availability of language assist-
                                                                       21               ance services.
                                                                       22                         (3) INTEREST                    AND         FEES.—Interest            or fees
                                                                       23               shall not accrue during the period in which a pay-




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                                                                       24               ment plan is suspended under paragraph (1).




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                                                                         1              (d) APPLICATION OF CERTAIN CONSUMER PROTEC-
                                                                         2     TIONS.—

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




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                                                                       24                         lection         actions             as      described             in   sections




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