THE BILL ITSELF
SB 1222
Medical Debt
Florida Senate - 2026 SB 1222 By Senator Rodriguez 40-01249-26 20261222__
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A bill to be entitled
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An act relating to medical debt; amending s. 395.3011,
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F.S.; revising the definition of the term
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“extraordinary collection action”; defining the terms
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“medical debt collector” and “medical debt creditor”;
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prohibiting medical debt creditors and medical debt
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collectors from engaging in specified activities to
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collect medical debt; deleting applicability;
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specifying limitations on the amount of interest a
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debtor may be charged for medical debt; providing that
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certain debtors may not be charged any interest or
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late fees on their medical debt; providing that such
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interest rates apply to judgments on medical debt;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 395.3011, Florida Statutes, is amended
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to read:
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395.3011 Billing and collection activities.—
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(1) As used in this section, the term :
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(a) “Extraordinary collection action” means any of the
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following actions taken by a licensed facility against an
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individual in relation to obtaining payment of a bill for care:
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1. (a) Selling the individual’s debt to another party ,
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except if, before the sale, the medical creditor has entered
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into a legally binding written agreement with the medical debt
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collector which includes all of the following terms:
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a. Prohibits the medical debt collector from engaging in
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any prohibited collection action as specified in subsection (2);
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b. Prohibits the medical debt collector from charging
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interest on the debt in excess of that authorized under
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subsection (4);
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c. Allows the debt to be returned or recalled by the
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medical debt creditor upon a determination by the medical debt
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creditor or medical debt collector that the debtor is eligible
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for financial assistance; and
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d. If the debtor is determined to be eligible for financial
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assistance and the debt is not returned to or recalled by the
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medical debt creditor, requires the medical debt collector to
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adhere to procedures specified in the agreement which ensure
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that the debtor does not pay, and has no obligation to pay, the
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medical debt collector and the medical debt creditor, in total,
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more than he or she is personally responsible for paying in
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compliance with the law .
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2. Filing a debt collection lawsuit.
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(b) “Medical debt collector” means a third party, separate
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from the medical debt creditor, that is hired to recoup, or is
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sold, unpaid medical bills.
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(c) “Medical debt creditor” means the party that is owed
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money for medical services.
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(2) A medical debt creditor or medical debt collector may
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not engage in any of the following activities to collect debts
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owed for health care services:
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(a) Causing or threatening an individual’s arrest.
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(b) Causing or threatening an individual to be subject to a
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writ of body attachment or similar instrument of law.
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(c) Obtaining or threatening to obtain a lien on an
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individual’s real property.
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(d) Foreclosing or threatening to foreclose on an
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individual’s real property.
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(e) Garnishing or threatening to garnish wages or state
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income tax refunds.
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(f) Using state or federal tax offsets to seize tax refunds
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or tax credits.
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(g) Attaching, seizing, or threatening to attach or seize a
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consumer’s bank account.
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(h) Furnishing or threatening to furnish information about
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the medical debt to a consumer reporting agency Reporting
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adverse information about the individual to consumer credit
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reporting agencies or credit bureaus.
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(c) Deferring, denying, or requiring a payment before
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providing medically necessary care because of the individual’s
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nonpayment of one or more bills for previously provided care
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covered under the facility’s financial assistance policy.
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(d) Actions that require a legal or judicial process,
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including, but not limited to:
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1. Placing a lien on the individual’s property;
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2. Foreclosing on the individual’s real property;
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3. Attaching or seizing the individual’s bank account or
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any other personal property;
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4. Commencing a civil action against the individual;
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5. Causing the individual’s arrest; or
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6. Garnishing the individual’s wages .
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(3) (2) A facility may not engage in an extraordinary
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collection action against an individual to obtain payment for
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services:
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(a) Before the facility has made reasonable efforts to
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determine whether the individual is eligible for assistance
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under its financial assistance policy for the care provided and,
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if eligible, before a decision is made by the facility on the
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patient’s application for such financial assistance.
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(b) Before the facility has provided the individual with an
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itemized statement or bill.
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(c) During an ongoing grievance process as described in s.
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395.301(6) or an ongoing appeal of a claim adjudication.
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(d) Before billing any applicable insurer and allowing the
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insurer to adjudicate a claim.
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(e) For 30 days after notifying the patient in writing, by
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certified mail, or by other traceable delivery method, that a
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collection action will commence absent additional action by the
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patient. This paragraph does not apply to a sale of debt
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governed by a contract executed by the facility, which provides
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that the debt may not incur interest or fees and that no other
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extraordinary collection actions are taken by the purchaser of
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the debt which could otherwise be taken by the licensed
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facility, as described in subsection (1), and that the debt will
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be returned to the facility if the debt buyer determines the
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individual is eligible for assistance under the facility’s
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financial assistance policy.
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(f) While the individual:
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1. Negotiates in good faith the final amount of a bill for
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services rendered; or
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2. Complies with all terms of a payment plan with the
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facility.
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(4)(a) Unless a debtor is eligible for financial
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assistance, and notwithstanding any agreement to the contrary,
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interest on medical debt may not exceed 2 percent per annum.
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Debtors eligible for financial assistance may not be charged any
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interest or late fees.
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(b) The rate of interest provided in paragraph (a) also
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applies to any judgments on medical debt, notwithstanding any
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agreement to the contrary.
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Section 2. This act shall take effect July 1, 2026.