Florida Senate - 2025                                     SB 656
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-01084-25                                            2025656__
    1                        A bill to be entitled                      
    2         An act relating to health care billing and collection
    3         activities; amending s. 395.3011, F.S.; revising the
    4         definition of the term “extraordinary collection
    5         action”; defining the terms “furnisher of medical debt
    6         information” and “medical debt”; authorizing the
    7         furnishing of paid or settled medical debt information
    8         to consumer reporting agencies; authorizing the
    9         furnishing of certain information relating to medical
   10         debt payment plans to consumer reporting agencies
   11         under certain circumstances; requiring consumer
   12         reporting agencies and credit scoring service
   13         providers to adopt certain procedures for the use of
   14         positive consumer credit information; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsection (1) of section 395.3011, Florida
   20  Statutes, is amended, and subsection (3) is added to that
   21  section, to read:
   22         395.3011 Billing and collection activities.—
   23         (1) As used in this section, the term:
   24         (a) “Extraordinary collection action” means any of the
   25  following actions taken by a licensed facility against an
   26  individual in relation to obtaining payment of a bill for care
   27  covered under the facility’s financial assistance policy:
   28         1.(a) Selling the individual’s debt to another party,
   29  unless the debt is not subject to interest, fees, or actions
   30  that require a legal or judicial process under subparagraph 4.,
   31  and provided the debt is returned to the licensed facility if it
   32  is determined that the debt qualifies for charity care under the
   33  facility’s financial assistance policy.
   34         2.(b) Reporting adverse information about the individual to
   35  consumer credit reporting agencies or credit bureaus.
   36         3.(c) Deferring, denying, or requiring a payment before
   37  providing medically necessary care because of the individual’s
   38  nonpayment of one or more bills for previously provided care
   39  covered under the facility’s financial assistance policy.
   40         4.(d) Actions that require a legal or judicial process,
   41  including, but not limited to, any of the following:
   42         a.1. Placing a lien on the individual’s property.;
   43         b.2. Foreclosing on the individual’s real property.;
   44         c.3. Attaching or seizing the individual’s bank account or
   45  any other personal property.;
   46         d.4. Commencing a civil action against the individual.;
   47         e.5. Causing the individual’s arrest.; or
   48         f.6. Garnishing the individual’s wages.
   49         (b) “Furnisher of medical debt information” means an entity
   50  that owns the medical debt account and provides to a consumer
   51  reporting agency information pertaining to transactions,
   52  accounts, balances, repayment terms, repayment history, and
   53  other similar information relating to medical debts.
   54         (c) “Medical debt” means a debt arising from the receipt of
   55  medical services, products, or devices.
   56         (3)(a) Information relating to medical debt that has been
   57  paid or settled by a consumer may be furnished to a consumer
   58  reporting agency.
   59         (b) Information relating to a consumer’s satisfaction of
   60  the obligations of a payment plan may be furnished to a consumer
   61  reporting agency if:
   62         1. The medical debt owner and the consumer have entered
   63  into a payment plan, including a deferred payment agreement or a
   64  debt forgiveness program with respect to medical debt; and
   65         2. The consumer is meeting the obligations of the payment
   66  plan, as determined by the medical debt owner.
   67         (c) Consumer reporting agencies and credit scoring service
   68  providers shall adopt reasonable procedures to use positive
   69  consumer credit information from furnishers of medical debt
   70  information so that such positive consumer credit information
   71  is:
   72         1. Included in a consumer report used, in whole or in part,
   73  for the purpose of serving as a factor in establishing a
   74  consumer’s eligibility for credit, employment purposes, and
   75  other purposes authorized by this part;
   76         2. Used in the generation of any credit score; and
   77         3. Provided in a manner that is fair to the consumer, with
   78  regard for the confidentiality, accuracy, relevancy, and proper
   79  use of such information in accordance with the requirements of
   80  this part.
   81         Section 2. This act shall take effect July 1, 2025.