,,ii #aahth ,,congress #b;d ,session ,s4 #dbhi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #h1 #bjbd,mr4 ,sanders 7for himself and ,mr4 ,merkley7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to cancel existing medical debt1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,medical ,debt ,cancellation ,act4 #b4 ,grants to cancel medical debt owed by patients ,section #bgii;,b-#aj of the ,public ,health ,service ,act1 as added by section #c1 is amended by adding at the end the following3 7e7 ,grants ,to cancel medical debt owed by patients 7#a7 ,in general ,the ,secretary shall establish a grant program under which the ,secretary1 beginning not later than #a year after the date of enactment of the ,medical ,debt ,cancellation ,act1 awards grants on a competitive basis to hospitals in the ,united ,states in order to eliminate all eligible medical debt owed by residents of the ,united ,states to such hospitals4 7#b7 ,eligibility ,to be eligible to receive a grant under this subsection1 a hospital shall-- 7,a7 submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require2 and 7,b7 agree to submit to the ,secretary such reports regarding the use of grant funds as the ,secretary may require4 7#c7 ,prioritization ,in awarding grants under this subsection1 the ,secretary shall-- 7,a7 prioritize awards to hospitals that-- 7i7 are safety net hospitals2 and 7ii7 agree to cancel1 at a minimum1 all medical debt that is-- 7,i7 #ae months old or less2 7,,ii7 owed by low-income and vulnerable patient populations2 and 7,,iii7 attributable to emergency and non-elective care2 and 7,b7 ensure that awards are distributed to hospitals across diverse geographical areas of the ,united ,states4 7#d7 ,supplement1 not supplant ,grants awarded to a hospital under this subsection shall be used to supplement1 and not supplant1 other sources of funding and investments made by the hospital for the purposes of providing financial assistance to patients4 7#e7 ,expansion of medical debt cancellation ,not later than #b years after the date of enactment of the ,medical ,debt ,cancellation ,act1 the ,secretary shall expand the program under this subsection to allow providers and health care facilities other than hospitals1 and individuals1 to receive medical debt cancellation4 7#f7 ,guidance ,not later than #a year after the date of enactment of the ,medical ,debt ,cancellation ,act1 the ,secretary shall instruct ,federal health care programs to eliminate medical debt collections4 7#g7 ,consultation ,in carrying out this subsection1 the ,secretary shall consult with relevant ,federal agencies1 departments1 and health programs1 patient advocates1 community-based organizations with experience in medical debt cancellation1 providers1 and other key stakeholders4 7#h7 ,reporting ,beginning #b years after the date of enactment of the ,medical ,debt ,cancellation ,act1 and annually thereafter until the date on which the program under this subsection sunsets pursuant to paragraph 7#aj71 the ,secretary shall submit to relevant congressional committees a progress report on the implementation1 administration1 and impact of the program under this subsection4 7#i7 ,definitions ,in this subsection-- 7,a7 the term eligible medical debt-- 7i7 means the out-of-pocket unpaid amount owed by a resident of the ,united ,states for items or services furnished to such individual by a hospital1 provided that-- 7,i7 such medical debt is in compliance with applicable ,federal laws and regulations1 including-- 7aa7 the medical billing requirements of subsection 7a72 7bb7 the medical debt collection requirements of subsection 7b72 and 7cc7 the contracting limitation under subsection 7c72 7,,ii7 such medical debt is with respect to items and services furnished to an individual on or before the date of enactment of the ,medical ,debt ,cancellation ,act2 and 7,,iii7 any dispute resolution process under section #bgii;,b-#g is complete2 and 7ii7 excludes-- 7,i7 any amount paid or payable by any ,federal health care program2 and 7,,ii7 with respect to items and services furnished to an individual by the hospital1 any amount that is in excess of the sum of the amount reimbursable by a ,federal health care program or other payer and copayment amounts under such a program or other health insurance plan with respect to such items and services4 7,b7 the term ,federal health care program has the meaning given such term in section #aabh;,b7f7 of the ,social ,security ,act4 7#aj7 ,sunset ,the authorities under this subsection shall sunset on the date the ,secretary certifies all eligible medical debt in the ,united ,states has been canceled under this subsection4 4 #c4 ,requirements for medical billing practices and medical debt collection2 medical payment assistance 7a7 ,in general ,part ,e of title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#aca et seq47 is amended by adding at the end the following new section3 #bgii;,b-#aj4 ,requirements for medical billing and medical debt collection2 medical payment assistance resource 7a7 ,medical billing requirements ,in the case of a health care provider or facility that furnishes items or services to an individual1 such provider or facility shall1 not later than #de days before the date on which payment for such items or services is due-- 7#a7 7,a7 determine whether such individual is eligible for assistance with respect to such payment pursuant to the charity care or financial assistance policy of such provider or facility2 and 7,b7 if such individual is eligible for such assistance1 provide information to such individual regarding such assistance2 and 7#b7 on or after the date on which the medical payment assistance resource list under subsection 7d77#a7 is made available1 provide such individual with such list4 7b7 ,medical debt collection requirements 7#a7 ,in general ,in the case of a health care provider or facility that furnishes items or services to an individual1 if payment for such items or services is past due1 such provider or facility shall-- 7,a7 not later than #cj days after the date on which the payment was due1 provide to such individual a statement 7in clear and understandable language7 that includes-- 7i7 subject to paragraph 7#b77;,a71 the total amount of the payment that remains due2 7ii7 a description of the attempts made by such provider or facility to determine whether such individual is eligible for assistance 7as described in subsection 7a77#a77 with respect to the payment2 and 7iii7 in each of the #ae most commonly language 7other than ,english71 as determined by the ,secretary1 information about language-assistance services related to the payment that are available to individuals with limited ,english proficiency2 and 7,b7 not later than #cj days after a payment related to such items or services is made1 provide to such individual a detailed receipt of such payment and a statement of the amount that remains due1 if applicable4 7#b7 ,limitations on medical debt amounts 7,a7 ,uninsured individuals ,in the case of items or services furnished to an uninsured individual by an organization that is described in section #eja7r77#b7 of the ,internal ,revenue ,code of #aihf and is exempt from taxation under section #eja7;c77#c7 of such ,code1 such organization may not collect payment from such individual with respect to such items or services in an amount greater than the amounts generally billed 7within the meaning of section #eja7r7 of such ,code74 7,b7 ,interest rate ,a health care provider or facility may not collect interest on past-due payments for items or services furnished to an individual4 7c7 ,limitation on contracting for purposes of medical billing and medical debt collection ,a health care provider or facility may not enter into a contract with an entity for purposes of collecting payment with respect to items or services furnished by such provider or facility unless such entity agrees to comply with the requirements described in subsections 7a7 and 7b7 for such provider or facility with respect to such payment4 7d7 ,medical payment assistance resource list 7#a7 ,in general ,not later than #a year after the date of the enactment of the ,medical ,debt ,cancellation ,act1 the ,secretary shall make publicly available on the website of the ,department of ,health and ,human ,services a comprehensive list of ,federal1 ,state1 and local programs that provide financial assistance with respect to payment for items or services furnished by a health care provider or facility4 7#b7 ,updates ,the ,secretary shall update the list described in paragraph 7#a7 not less frequently than annually4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall apply with respect to items and services furnished on or after the date that is #a year after the date of the enactment of this ,act4 7c7 ,coordination and consultation ,in carrying out this section1 the ,secretary of ,health and ,human ,services shall-- 7#a7 coordinate with relevant ,federal departments and agencies1 including the ,consumer ,financial ,protection ,bureau and the ,department of the ,treasury2 and 7#b7 consult with relevant stakeholders including patient advocates1 community-based organizations with experience in medical debt cancellation1 and health care providers4 #d4 ,medical debt collection 7a7 ,collection of medical debt 7#a7 ,in general ,the ,fair ,debt ,collection ,practices ,act 7#ae ,u4,s4,c4 #afib et seq47 is amended by inserting after section #hah 7#ae ,u4,s4,c4 #afibp7 the following3 #hah;,a4 ,collection of medical debt 7a7 ,in general ,no debt collector or creditor may collect or attempt to collect debt that arose from the receipt of medical services1 products1 or devices if such debt was incurred by a consumer before the date of enactment of this section4 7b7 ,private right of action ,any consumer who is harmed by a violation of subsection 7a7 may bring a civil action in the appropriate ,united ,states district court against the debt collector or creditor that violated subsection 7a7 for-- 7#a7 compensatory damages1 including for economic losses and for emotional harm2 7#b7 punitive damages2 and 7#c7 reasonable attorney's fees and costs of the action to a prevailing plaintiff4 4 7b7 ,technical and conforming amendment ,the table of sections for the ,fair ,debt ,collection ,practices ,act 7#ae ,u4,s4,c4 #afib et seq47 is amended by inserting after the item relating to section #hah the following3 #hah;,a4 ,collection of medical debt4 4 #e4 ,medical debt reporting 7a7 ,in general ,section #fje7;a7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;c7a77 is amended by adding at the end the following3 7#i7 ,any information related to debt that arose from the receipt of medical services1 products1 or devices accrued by a consumer4 4 7b7 ,notice requirements ,each credit reporting agency that removes information from the consumer report of a consumer to comply with section #fje7;a77#i7 of the ,fair ,credit ,reporting ,act1 as added by subsection 7a7 of this section1 shall notify the consumer of the removal4 7c7 ,effective date ,the amendment made by this section shall take effect on the date that is #cj days after the date of enactment of this section4