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2024 SESSION

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24103884D
HOUSE BILL NO. 1265 Offered January 10, 2024 Prefiled January 10, 2024 A BILL to amend and reenact § 59.1-444.1 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 35.1 of Title 59.1 a section numbered 59.1-444.4, relating to consumer reporting agencies; medical debt. ---------- Patron-- Willett ---------- Referred to Committee on Labor and Commerce ----------

Be it enacted by the General Assembly of Virginia:

1. That § 59.1-444.1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Chapter 35.1 of Title 59.1 a section numbered 59.1-444.4 as follows:

CHAPTER 35.1. SECURITY FREEZESCONSUMER REPORTING AGENCIES.

§ 59.1-444.1. Definitions.

As used in this chapter:

"Consumer" means an individual who is also a resident of this state.

"Consumer report" has the same meaning as provided in § 603(d) of the federal Fair Credit Reporting Act (15 U.S.C. § 1681a(d)).

"Consumer reporting agency" has the same meaning as in § 603(f) of the Fair Credit Reporting Act (15 U.S.C. § 1681a(f)).

"Credit report" means a "consumer report," as defined in § 603(d) of the Fair Credit Reporting Act (15 U.S.C. § 1681a(d)); provided, however, that for purposes of this chapter, a credit report is limited to information that a consumer reporting agency furnishes to a person that it has reason to believe intends to use the information as a factor in establishing the consumer's eligibility for credit to be used primarily for personal, family or household purposes.

"Health care services" means the furnishing of services for the purpose of preventing, alleviating, curing, or healing human physical illness or injury or a mental or behavioral condition or disorder.

"Medical debt" means debt arising from health care services, including products, devices, durable medical equipment, and prescription drugs. "Medical debt" does not include debt charged to a credit card unless the credit card is issued under an open-end or closed-end credit plan offered specifically for the payment of health care services or health care goods.

"Proper identification" means proper identification as defined in 15 U.S.C. § 1681h(a)(1).

§ 59.1-444.4. Reporting of medical debt prohibited.

A. No consumer reporting agency shall make any consumer report containing any adverse item of information that the consumer reporting agency knows or should know concerns medical debt.

B. The provisions of subsection A shall not apply to the case of any consumer report to be used in connection with a credit transaction involving, or that may reasonably be expected to involve, a principal amount that exceeds the national conforming loan limit value for a one-unit property as determined annually by the Federal Housing Finance Agency.