THE BILL ITSELF
HB 1271
Medical Debt
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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" and defining the
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term "prohibited collection actions"; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (1) of section 395.3011, Florida
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Statutes, is amended to read:
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395.3011 Billing and collection activities.—
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(1)(a) As used in this section, the term "extraordinary
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collection action" means any of the following actions taken by a
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licensed facility against an individual in relation to obtaining
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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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buyer which includes all of the following criteria:
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a. The medical debt buyer or collector is prohibited from
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engaging in any prohibited collection actions listed in
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paragraph (b) to obtain payment for the care.
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b. The medical debt buyer is prohibited from charging
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interest on the debt in excess of that described in paragraph
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(2)(e).
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c. The debt is returnable to or recallable by the medical
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creditor upon a determination by the medical creditor or medical
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debt buyer that the individual is eligible for financial
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assistance.
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d. If the individual is determined to be eligible for
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financial assistance and the debt is not returned to or recalled
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by the medical creditor, the medical debt buyer is required to
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adhere to procedures which shall be specified in the agreement
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that ensure that the individual does not pay, and has no
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obligation to pay, the medical debt buyer and the medical
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creditor together more than he or she is personally responsible
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for paying in compliance with this section;
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2. Filing a debt collection lawsuit; or
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3. Any prohibited collection actions.
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(b) As used in this subsection, the term "prohibited
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collection actions" means the following activities when used by
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any medical creditor or medical debt collector to collect debts
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owed for health care services:
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1. Causing or threatening an individual's arrest;
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2. Causing or threatening an individual to be subject to a
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writ of body attachment;
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3. Obtaining or threatening to obtain a lien on an
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individual's real property;
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4. Foreclosing or threatening to foreclose on an
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individual's real property;
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5. Garnishing or threatening to garnish wages or state
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income tax refunds;
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6. State or federal tax offsets to seize tax refunds or
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tax credits;
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7. Attaching, seizing, or threatening to attach or seize a
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consumer's bank account; or
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8. Furnishing or threatening to furnish information about
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the medical debt to a consumer reporting agency.
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(b) Reporting adverse information about the individual to
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consumer credit 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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Section 2. This act shall take effect July 1, 2026.