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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited reporting of information regarding debt |
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incurred for nonemergency medical care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 20, Business & Commerce |
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Code, is amended to read as follows: |
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CHAPTER 20. REGULATION OF CONSUMER CREDIT REPORTING [AGENCIES] |
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SECTION 2. Section 20.05(a), Business & Commerce Code, is |
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amended to read as follows: |
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(a) Except as provided by Subsection (b), a consumer |
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reporting agency may not furnish a consumer report containing |
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information related to: |
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(1) a case under Title 11 of the United States Code or |
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under the federal Bankruptcy Act in which the date of entry of the |
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order for relief or the date of adjudication predates the consumer |
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report by more than 10 years; |
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(2) a suit or judgment in which the date of entry |
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predates the consumer report by more than seven years or the |
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governing statute of limitations, whichever is longer; |
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(3) a tax lien in which the date of payment predates |
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the consumer report by more than seven years; |
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(4) a record of arrest, indictment, or conviction of a |
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crime in which the date of disposition, release, or parole predates |
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the consumer report by more than seven years; [or] |
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(5) another item or event that predates the consumer |
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report by more than seven years; or |
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(6) an unpaid debt incurred by a consumer for |
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nonemergency medical care, as defined by Section 20.51, provided to |
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the consumer or a person to whom the consumer has a legal obligation |
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to provide support, unless the reporting of that debt complies with |
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Subchapter F. |
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SECTION 3. Section 20.11(a), Business & Commerce Code, is |
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amended to read as follows: |
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(a) The attorney general may file a suit against a person |
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for: |
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(1) injunctive relief to prevent or restrain a |
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violation of this chapter other than Subchapter F; or |
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(2) a civil penalty in an amount not to exceed $2,000 |
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for each violation of this chapter other than Subchapter F. |
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SECTION 4. Section 20.12, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 20.12. DECEPTIVE TRADE PRACTICE. A violation of this |
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chapter other than Subchapter F is a false, misleading, or |
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deceptive act or practice under Subchapter E, Chapter 17. |
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SECTION 5. Section 20.13, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 20.13. VENUE. An action brought under this chapter |
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other than Subchapter F shall be filed in a district court: |
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(1) in Travis County; |
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(2) in any county in which the violation occurred; or |
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(3) in the county in which the victim resides, |
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regardless of whether the alleged violator has resided, worked, or |
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done business in the county in which the victim resides. |
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SECTION 6. Chapter 20, Business & Commerce Code, is amended |
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by adding Subchapter F to read as follows: |
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SUBCHAPTER F. PROHIBITED REPORTING OF CERTAIN MEDICAL DEBT |
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Sec. 20.51. DEFINITIONS. In this subchapter: |
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(1) "Health care provider" has the meaning assigned by |
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Section 1452.101, Insurance Code. |
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(2) "Nonemergency medical care" means any health care |
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services that are not emergency care as defined by Section |
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1301.155(a), Insurance Code. |
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Sec. 20.52. REPORTING OF INFORMATION RELATED TO DEBT |
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ARISING FROM NONEMERGENCY MEDICAL CARE; TIME FOR REPORTING. (a) A |
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health care provider or other person may not provide to a consumer |
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reporting agency information regarding an unpaid debt incurred by a |
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consumer for nonemergency medical care provided to the consumer or |
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a person to whom the consumer has a legal obligation to provide |
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support unless: |
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(1) the consumer or the consumer's guardian or other |
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legal representative is presented with and signs at the time of |
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receipt a disclosure form concerning the medical charges as |
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prescribed by Subsection (b) before the medical care is provided; |
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and |
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(2) the information is provided to the agency at least |
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180 days after the date the consumer receives the medical bill for |
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the charges. |
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(b) The executive commissioner of the Health and Human |
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Services Commission by rule shall prescribe the form and content of |
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the disclosure required by this section and the Department of State |
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Health Services shall publish the disclosure form on the |
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department's Internet website. The disclosure form must be in |
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plain language and include: |
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(1) an itemized statement of the amounts to be billed |
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for the nonemergency medical care; |
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(2) an explanation of the restrictions on providing |
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information under Subsection (a); and |
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(3) any other information the department considers |
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necessary. |
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SECTION 7. The changes in law made by this Act apply only to |
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debt incurred by a consumer for nonemergency medical care, as |
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defined by Section 20.51, Business & Commerce Code, as added by this |
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Act, provided on or after the effective date of this Act. |
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SECTION 8. This Act takes effect September 1, 2019. |