VIRGINIA LAW PORTAL

• Code of Virginia
• Virginia Administrative Code
• Constitution of Virginia
• Charters
• Authorities
• Compacts
• Uncodified Acts
• RIS Users (account required)

SEARCHABLE DATABASES

• Bills & Resolutions
  session legislation
• Bill Summaries
  session summaries
• Reports to the General Assembly
  House and Senate documents
• Legislative Liaisons
  State agency contacts

ACROSS SESSIONS

• Subject Index: Since 1995
• Bills & Resolutions: Since 1994
• Summaries: Since 1994

Developed and maintained by the Division of Legislative Automated Systems.

2024 SESSION

• history | pdf | print version

24104453D
HOUSE BILL NO. 1370 Offered January 15, 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 reporting of medical debt to consumer reporting agencies by certain health care providers; prohibited. ---------- Patrons-- Delaney, Shin, Willett and Henson ---------- 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:

"Collection entity" means any person that purchases debt or collects debt on behalf of another entity.

"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, and from the provision of transportation to receive health care services. "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 medical care facility listed in § 32.1-102.1:3, no person licensed or certified by a health regulatory board within the Department of Health Professions, and no emergency medical services agency, as defined in § 32.1-111.1, shall report any portion of a medical debt to a consumer reporting agency.

B. Each medical care facility listed in § 32.1-102.1:3, each person licensed or certified by a health regulatory board within the Department of Health Professions, and each emergency medical services agency shall include a provision in any contract entered into with a collection entity for the purchase or collection of medical debt that prohibits the reporting of any portion of such medical debt to a consumer reporting agency.

C. Any portion of a medical debt that is reported to a consumer reporting agency in violation of this section shall be void.