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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of certain information regarding |
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medically necessary debt on a consumer report. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 20.05, Business & Commerce Code, is |
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amended by amending Subsections (a) and (d) 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; |
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(5) a collection account with a medical industry code, |
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if the consumer was covered by a health benefit plan at the time of |
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the event giving rise to the collection and the collection is for an |
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outstanding balance, after copayments, deductibles, and |
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coinsurance, owed to an emergency care provider or a facility-based |
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provider for an out-of-network benefit claim; [or] |
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(6) medically necessary debt, regardless of the date |
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on which the medical debt was incurred; or |
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(7) another item or event that predates the consumer |
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report by more than seven years. |
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(d) In this section: |
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(1) "Emergency care provider" means a physician, |
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health care practitioner, facility, or other health care provider |
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who provides emergency care. |
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(2) "Facility" has the meaning assigned by Section |
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324.001, Health and Safety Code. |
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(3) "Facility-based provider" means a physician, |
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health care practitioner, or other health care provider who |
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provides health care or medical services to patients of a facility. |
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(4) "Health care practitioner" means an individual who |
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is licensed to provide health care services. |
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(5) "Medically necessary debt" means a debt or alleged |
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debt arising from the receipt of health care services provided to: |
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(A) diagnose or treat an illness, injury, |
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condition, or disease or the symptoms of an illness, injury, |
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condition, or disease that meet accepted standards of medicine; or |
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(B) prevent illness or detect illness at an early |
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stage, including preventative screening services, vaccines, and |
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tests. |
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SECTION 2. Section 20.05(a), Business & Commerce Code, as |
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amended by this Act, applies only to a consumer report furnished on |
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or after the effective date of this Act. A consumer report |
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furnished before the effective date of this Act is governed by the |
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law in effect on the date the report was furnished, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |