103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3298

 

Introduced 2/7/2024, by Sen. Mike Simmons

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 505/2EEEE new

    Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a person shall not report to a consumer reporting agency any medical debt incurred by a consumer or any collection action against the consumer to collect medical debt. Provides that a consumer reporting agency shall not make, create, or furnish any consumer report or credit report containing, incorporating, or reflecting any adverse information that the consumer reporting agency knows or should know relates to medical debt incurred by the consumer or a collection action against the consumer to collect medical debt. Provides that no consumer reporting agency shall maintain in the file of a consumer any information relating to medical debt incurred by a consumer or a collection action against the consumer to collect medical debt. Provides that a health care provider shall not furnish or report any medical debt incurred by a consumer or any collection action against the consumer to collect medical debt to a consumer reporting agency. Provides that a health care provider shall include a provision in any contract entered into with a collection agency for the purchase or collection of medical debt that prohibits the reporting of any medical debt to a consumer reporting agency. Provides that a violation of the provisions constitutes an unlawful practice within the meaning of the Act.


LRB103 37026 SPS 67141 b

 

 

A BILL FOR

 

SB3298LRB103 37026 SPS 67141 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by adding Section 2EEEE as follows:
 
6    (815 ILCS 505/2EEEE new)
7    Sec. 2EEEE. Credit reporting; medical debt.
8    (a) As used in this Section:
9    "Collection action" means any referral of a bill to a
10collection agency or law firm to collect payment for services
11from a consumer for health care services.
12    "Collection agency" means any individual, partnership,
13corporation, trust, estate, co-operative, association,
14government or government subdivision, agency, or other entity
15that either purchases medical debt or collects medical debt on
16behalf of another entity.
17    "Consumer report" or "credit report" have the meaning
18ascribed to the term "consumer report" under 15 U.S.C.
191681a(d).
20    "Consumer reporting agency" has the meaning ascribed to
21that term in 15 U.S.C. 1681a(f).
22    "Health care provider" means a physician licensed to
23practice medicine in all of its branches, advanced practice

 

 

SB3298- 2 -LRB103 37026 SPS 67141 b

1registered nurse, physician assistant, hospital licensed under
2the Hospital Licensing Act, long-term care facility licensed
3under the Nursing Home Care Act, an ambulance service licensed
4to provide health care services in this State, or any other
5individual or entity licensed, registered, or certified to
6provide health care services in this State.
7    "Medical debt" means a debt arising from the receipt of
8health care services, products, or devices, health care
9professional, hospital, or an ambulance service that is
10licensed, authorized, or certified to provide health care
11services in this State
12    (b) A person shall not report to a consumer reporting
13agency any medical debt incurred by a consumer or any
14collection action against the consumer to collect medical
15debt.
16    (c) A consumer reporting agency shall not make, create, or
17furnish any consumer report or credit report containing,
18incorporating, or reflecting any adverse information that the
19consumer reporting agency knows or should know relates to
20medical debt incurred by the consumer or a collection action
21against the consumer to collect medical debt.
22    (d) No consumer reporting agency shall maintain in the
23file of a consumer any information relating to medical debt
24incurred by a consumer or a collection action against the
25consumer to collect medical debt.
26    (e) A health care provider shall not furnish or report any

 

 

SB3298- 3 -LRB103 37026 SPS 67141 b

1medical debt incurred by a consumer or any collection action
2against the consumer to collect medical debt to a consumer
3reporting agency. A health care provider shall include a
4provision in any contract entered into with a collection
5agency for the purchase or collection of medical debt that
6prohibits the reporting of the medical debt to a consumer
7reporting agency.
8    (f) A violation of this Section constitutes an unlawful
9practice within the meaning of this Act.