IB 

Union Calendar No. 537 

116TH CONGRESS 

2D SESSION H. R. 5330 

[Report No. 116–653] 

To amend the Fair Debt Collection Practices Act to provide a timetable 

for verification of medical debt and to increase the efficiency of credit 

markets with more perfect information, to prohibit consumer reporting 

agencies from issuing consumer reports containing information about 

debts related to medically necessary procedure, about and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 5, 2019 

Ms. TLAIB introduced the following bill; which was referred to the Committee 

on Financial Services 

DECEMBER 15, 2020 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on December 5, 2019] 

2 

•HR 5330 RH

A BILL 

To amend the Fair Debt Collection Practices Act to provide 

a timetable for verification of medical debt and to increase the efficiency of credit markets with more perfect 

information, to prohibit consumer reporting agencies 

from issuing consumer reports containing information 

about debts related to medically necessary procedure, 

about and for other purposes. 

3 

•HR 5330 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Consumer Protection 

5 for Medical Debt Collections Act’’. 

6 SEC. 2. AMENDMENTS TO THE FAIR DEBT COLLECTION 

7 PRACTICES ACT. 

8 (a) DEFINITION.—Section 803 of the Fair Debt Collec9 tion Practices Act (15 U.S.C. 1692a) is amended by adding 

10 at the end the following: 

11 ‘‘(9) The term ‘medical debt’ means a debt 

12 arising from the receipt of medical services, 

13 products, or devices.’’. 

14 (b) UNFAIR PRACTICES.—Section 808 of the Fair Debt 

15 Collection Practices Act (15 U.S.C. 1692f) is amended by 

16 adding at the end the following: 

17 ‘‘(9) Engaging in activities to collect or at18 tempting to collect a medical debt owed or due 

19 or asserted to be owed or due by a consumer, be20 fore the end of the 2-year period beginning on 

21 the date that the first payment with respect to 

22 such medical debt is due.’’. 

4 

•HR 5330 RH

1 SEC. 3. PROHIBITION ON CONSUMER REPORTING AGEN2 CIES REPORTING CERTAIN MEDICAL DEBT. 

3 (a) DEFINITION.—Section 603 of the Fair Credit Re4 porting Act (15 U.S.C. 1681a) is amended by adding at 

5 the end the following: 

6 ‘‘(bb) MEDICAL DEBT.—The term ‘medical debt’ means 

7 a debt arising from the receipt of medical services, products, 

8 or devices. 

9 ‘‘(cc) MEDICALLY NECESSARY PROCEDURE.—The term 

10 ‘medically necessary procedure’ means— 

11 ‘‘(1) health care services or supplies needed to di12 agnose or treat an illness, injury, condition, disease, 

13 or its symptoms and that meet accepted standards of 

14 medicine; and 

15 ‘‘(2) health care to prevent illness or detect ill16 ness at an early stage, when treatment is likely to 

17 work best (including preventive services such as pap 

18 tests, flu shots, and screening mammograms).’’. 

19 (b) IN GENERAL.—Section 605(a) of the Fair Credit 

20 Reporting Act (15 U.S.C. 1681c(a)) is amended by adding 

21 at the end the following new paragraphs: 

22 ‘‘(9) Any information related to a debt arising 

23 from a medically necessary procedure. 

24 ‘‘(10) Any information related to a medical debt, 

25 if the date on which such debt was placed for collec26 tion, charged to profit or loss, or subjected to any 

5 

•HR 5330 RH

1 similar action antedates the report by less than 365 

2 calendar days.’’. 

3 SEC. 4. REQUIREMENTS FOR FURNISHERS OF MEDICAL 

4 DEBT INFORMATION. 

5 (a) ADDITIONAL NOTICE REQUIREMENTS FOR MED6 ICAL DEBT.—Section 623 of the Fair Credit Reporting Act 

7 (15 U.S.C. 1681s-2) is amended by adding at the end the 

8 following: 

9 ‘‘(f) ADDITIONAL NOTICE REQUIREMENTS FOR MED10 ICAL DEBT.—Before furnishing information regarding a 

11 medical debt of a consumer to a consumer reporting agency, 

12 the person furnishing the information shall send a state13 ment to the consumer that includes the following: 

14 ‘‘(1) A notification that the medical debt— 

15 ‘‘(A) may not be included on a consumer re16 port made by a consumer reporting agency until 

17 the later of the date that is 365 days after— 

18 ‘‘(i) the date on which the person sends 

19 the statement; 

20 ‘‘(ii) with respect to the medical debt of 

21 a borrower demonstrating hardship, a date 

22 determined by the Director of the Bureau; 

23 or 

24 ‘‘(iii) the date described under section 

25 605(a)(10); and 

6 

•HR 5330 RH

1 ‘‘(B) may not ever be included on a con2 sumer report made by a consumer reporting 

3 agency, if the medical debt arises from a medi4 cally necessary procedure. 

5 ‘‘(2) A notification that, if the debt is settled or 

6 paid by the consumer or an insurance company be7 fore the end of the period described under paragraph 

8 (1)(A), the debt may not be reported to a consumer 

9 reporting agency. 

10 ‘‘(3) A notification that the consumer may— 

11 ‘‘(A) communicate with an insurance com12 pany to determine coverage for the debt; or 

13 ‘‘(B) apply for financial assistance.’’. 

14 (b) FURNISHING OF MEDICAL DEBT INFORMATION.— 

15 Section 623 of the Fair Credit Reporting Act (15 U.S.C. 

16 1681s-2), as amended by subsection (a), is further amended 

17 by adding at the end the following: 

18 ‘‘(g) FURNISHING OF MEDICAL DEBT INFORMATION.— 

19 ‘‘(1) PROHIBITION ON REPORTING DEBT RE20 LATED TO MEDICALLY NECESSARY PROCEDURES.—No 

21 person shall furnish any information to a consumer 

22 reporting agency regarding a debt arising from a 

23 medically necessary procedure. 

24 ‘‘(2) TREATMENT OF OTHER MEDICAL DEBT IN25 FORMATION.—With respect to a medical debt not deVerDate Sep 11 2014 20:48 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H5330.RH H5330
7 

•HR 5330 RH

1 scribed under paragraph (1), no person shall furnish 

2 any information to a consumer reporting agency re3 garding such debt before the end of the 365-day period 

4 beginning on the later of— 

5 ‘‘(A) the date on which the person sends the 

6 statement described under subsection (f) to the 

7 consumer; 

8 ‘‘(B) with respect to the medical debt of a 

9 borrower demonstrating hardship, a date deter10 mined by the Director of the Bureau; or 

11 ‘‘(C) the date described in section 

12 605(a)(10). 

13 ‘‘(3) TREATMENT OF SETTLED OR PAID MEDICAL

14 DEBT.—With respect to a medical debt not described 

15 under paragraph (1), no person shall furnish any in16 formation to a consumer reporting agency regarding 

17 such debt if the debt is settled or paid by the con18 sumer or an insurance company before the end of the 

19 365-day period described under paragraph (2). 

20 ‘‘(4) BORROWER DEMONSTRATING HARDSHIP DE21 FINED.—In this subsection, and with respect to a 

22 medical debt, the term ‘borrower demonstrating hard23 ship’ means a borrower or a class of borrowers who, 

24 as determined by the Director of the Bureau, is facing 

25 or has experienced unusual extenuating life cirVerDate Sep 11 2014 20:48 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H5330.RH H5330
8 

•HR 5330 RH

1 cumstances or events that result in severe financial or 

2 personal barriers such that the borrower or class of 

3 borrowers does not have the capacity to repay the 

4 medical debt.’’. 

5 SEC. 5. EFFECTIVE DATE. 

6 This Act and the amendments made by this Act shall 

7 take effect on the date that is 180 days after the date of 

8 enactment of this Act. 

Amend the title so as to read: ‘‘A bill to amend the 

Fair Debt Collection Practices Act to provide a timetable 

for the collection of medical debt by debt collectors, to 

amend the Fair Credit Reporting Act to prohibit consumer reporting agencies from issuing consumer reports 

containing information about debts related to medically 

necessary procedures, and for other purposes.’’. 

Union Calendar No. 537 

116TH CONGRESS 

2D SESSION H. R. 5330 

[Report No. 116–653] 

A BILL 

To amend the Fair Debt Collection Practices Act to 

and for other purposes. related to medically necessary procedure, about sumer reports containing information about debts consumer reporting agencies from issuing conkets with more perfect information, to prohibit debt and to increase the efficiency of credit marprovide a timetable for verification of medical 

DECEMBER 15, 2020 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Sep 11 2014 20:48 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6651 Sfmt 6651 E:\BILLS\H5330.RH H5330