S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4907--A
     Cal. No. 1000
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2023
                                ___________
 
 Introduced  by  Sens.  RIVERA,  CLEARE, COONEY, GONZALEZ, HOYLMAN-SIGAL,
   KRUEGER, LIU, MAY, MYRIE -- read twice and ordered printed,  and  when
   printed to be committed to the Committee on Health -- reported favora-
   bly  from  said  committee  and committed to the Committee on Consumer
   Protection -- reported favorably from said committee, ordered to first
   and second report, amended on second report, ordered to a third  read-
   ing,  and to be reprinted as amended, retaining its place in the order
   of third reading
 
 AN ACT to amend the public health law and the general business  law,  in
   relation to prohibiting medical debt from being collected by a consum-
   er reporting agency or included in a consumer report
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "fair medical debt reporting act".
   §  2. The public health law is amended by adding a new article 49-A to
 read as follows:
 
                               ARTICLE 49-A
                          MEDICAL DEBT REPORTING
 SECTION 4925. DEFINITIONS.
         4926. MEDICAL  DEBT  REPORTING  PROHIBITED  IN  CONTRACTS   WITH
                 COLLECTION ENTITIES.
         4927. ENFORCEMENT.
   §  4925.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "MEDICAL DEBT" MEANS AN  OBLIGATION  OR  ALLEGED  OBLIGATION  OF  A
 CONSUMER  TO  PAY ANY AMOUNT WHATSOEVER RELATED TO THE RECEIPT OF HEALTH
 CARE SERVICES, PRODUCTS, OR DEVICES PROVIDED TO A PERSON BY  A  HOSPITAL
 LICENSED  UNDER  ARTICLE  TWENTY-EIGHT  OF  THIS  CHAPTER, A HEALTH CARE
 PROFESSIONAL AUTHORIZED UNDER TITLE EIGHT OF THE  EDUCATION  LAW  OR  AN

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09626-03-3
 S. 4907--A                          2
 
 AMBULANCE  SERVICE  CERTIFIED  UNDER  ARTICLE  THIRTY  OF  THIS CHAPTER.
 MEDICAL DEBT DOES NOT INCLUDE DEBT CHARGED TO A CREDIT CARD  UNLESS  THE
 CREDIT  CARD  IS  ISSUED  UNDER AN OPEN-ENDED OR CLOSED-END PLAN OFFERED
 SPECIFICALLY  FOR  THE  PAYMENT  OF  HEALTH  CARE SERVICES, PRODUCTS, OR
 DEVICES PROVIDED TO A PERSON.
   2. "COLLECTION ENTITY" MEANS ANY INDIVIDUAL, PARTNERSHIP, CORPORATION,
 TRUST,  ESTATE,  CO-OPERATIVE,  ASSOCIATION,  GOVERNMENT  OR  GOVERNMENT
 SUBDIVISION,  AGENCY  OR OTHER ENTITY THAT EITHER PURCHASES MEDICAL DEBT
 OR COLLECTS MEDICAL DEBT ON BEHALF OF ANOTHER ENTITY.
   3. "CONSUMER REPORTING AGENCY" SHALL HAVE THE  SAME  MEANING  AS  SUCH
 TERM  IS  DEFINED IN SECTION THREE HUNDRED EIGHTY-A OF THE GENERAL BUSI-
 NESS LAW.
   § 4926. MEDICAL DEBT REPORTING PROHIBITED IN CONTRACTS WITH COLLECTION
 ENTITIES. A HOSPITAL LICENSED UNDER ARTICLE TWENTY-EIGHT OF  THIS  CHAP-
 TER,  A  HEALTH  CARE  PROFESSIONAL  AUTHORIZED UNDER TITLE EIGHT OF THE
 EDUCATION LAW, OR AN AMBULANCE SERVICE CERTIFIED UNDER ARTICLE THIRTY OF
 THIS CHAPTER:
   1. SHALL NOT FURNISH ANY PORTION OF  A  MEDICAL  DEBT  TO  A  CONSUMER
 REPORTING AGENCY; AND
   2.  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 CONSUM-
 ER REPORTING AGENCY.
   §  4927.  ENFORCEMENT. ANY PORTION OF A MEDICAL DEBT THAT IS FURNISHED
 TO A CONSUMER REPORTING AGENCY SHALL BE VOID.
   § 3. Section 380-a of the general business law is amended by adding  a
 new subdivision (v) to read as follows:
   (V) THE TERM "MEDICAL DEBT" MEANS ANY OBLIGATION OR ALLEGED OBLIGATION
 OF  A  CONSUMER  TO  PAY ANY AMOUNT WHATSOEVER RELATED TO THE RECEIPT OF
 HEALTH CARE SERVICES,  PRODUCTS,  OR  DEVICES  PROVIDED  BY  A  HOSPITAL
 LICENSED  UNDER  ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, A HEALTH
 CARE PROFESSIONAL AUTHORIZED UNDER TITLE EIGHT OF THE EDUCATION LAW,  OR
 AN AMBULANCE SERVICE CERTIFIED UNDER ARTICLE THIRTY OF THE PUBLIC HEALTH
 LAW.
   §  4. Subdivision (a) of section 380-j of the general business law, as
 added by chapter 867 of the laws of 1977, is amended to read as follows:
   (a) No consumer reporting agency shall report or maintain in the  file
 on a consumer, information:
   (1) relative to an arrest or a criminal charge unless there has been a
 criminal  conviction  for such offense, or unless such charges are still
 pending,
   (2) relative to a consumer's race, religion, color, ancestry or ethnic
 origin, [or]
   (3) RELATIVE TO A MEDICAL DEBT AS DEFINED IN THIS STATUTE; OR
   (4) which it has reason to know is inaccurate.
   § 5. Subparagraphs (vii) and (viii) of paragraph 1 of subdivision  (f)
 of section 380-j of the general business law, as added by chapter 867 of
 the laws of 1977, are amended to read as follows:
   (vii) information relating to past confinement in a mental institution
 where  the  date  of  last confinement antedates the report by more than
 seven years; [or]
   (viii) INFORMATION RELATING TO A MEDICAL DEBT REGARDLESS OF  THE  DATE
 IT WAS INCURRED; OR
   (IX)  any other adverse information which antedates the report by more
 than seven years.
   § 6. This act shall take effect immediately.