II 

116TH CONGRESS 

2D SESSION S. 4350 

To provide immediate relief for patients from certain medical debt collection 

efforts during and immediately after the COVID–19 public health emergency. 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2020 

Mr. VAN HOLLEN (for himself and Mr. MURPHY) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To provide immediate relief for patients from certain medical 

debt collection efforts during and immediately after the 

COVID–19 public health emergency. 

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 ‘‘COVID–19 Medical 

5 Debt Collection Relief Act of 2020’’. 

6 SEC. 2. RELIEF FROM MEDICAL DEBT COLLECTION. 

7 (a) DEFINITIONS.—In this section: 


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1 (1) COVERED PERIOD.—The term ‘‘covered pe2 riod’’ means the period beginning on February 1, 

3 2020, and ending on the date that is the later of— 

4 (A) the end of the incident period with re5 spect to the emergency involving Federal pri6 mary responsibility determined to exist by the 

7 President under section 501(b) of the Robert T. 

8 Stafford Disaster Relief and Emergency Assist9 ance Act (42 U.S.C. 5191(b)) with respect to 

10 the coronavirus disease 2019 (COVID–19); or 

11 (B) 18 months after the date of enactment 

12 of this Act. 

13 (2) COVERED PROVIDER.—The term ‘‘covered 

14 provider’’ means any entity or individual that— 

15 (A) provides health care services to pa16 tients; and 

17 (B) has applied for or accepted any Fed18 eral funds for COVID–19 health care costs or 

19 financial relief, including funds allocated under 

20 the Families First Coronavirus Response Act 

21 (Public Law 116–127), the CARES Act (Public 

22 Law 116–136), or any other Federal law that 

23 allocates COVID–19 relief funding. 

24 (3) EXTRAORDINARY COLLECTION ACTIONS.— 

25 The term ‘‘extraordinary collection actions’’ means 


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1 the actions described in section 1.501(r)–6(b) of title 

2 26, Code of Federal Regulations. 

3 (4) MEDICAL DEBT.—The term ‘‘medical debt’’ 

4 means a debt arising from the receipt of medical 

5 services, products, or devices. 

6 (5) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of Health and Human Services. 

8 (b) SUSPENSION OF COLLECTION ACTIVITIES.—A 

9 covered provider and agents operating on behalf of covered 

10 providers shall suspend all extraordinary collection actions 

11 relating to the collection of a medical debt relating to a 

12 patient during the covered period. 

13 (c) SUSPENSION OF REPAYMENT PLANS.— 

14 (1) IN GENERAL.—With respect to a patient 

15 who has entered into a repayment plan with a cov16 ered provider relating to a medical debt, such pro17 vider shall suspend such repayment plan upon the 

18 request of the patient or the patient’s guardian for 

19 the duration of the covered period, and ensure the 

20 application of reasonable forbearance and repayment 

21 options when such repayments resume. Such options 

22 may include maintaining the same payment schedule 

23 with respect to the medical debt by extending the re24 payment period by the same period of time that pay25 ments were suspended under the previous sentence. 


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1 (2) INTEREST AND FEES.—Interest or fees 

2 shall not accrue during the period in which a pay3 ment plan is suspended under paragraph (1). 

4 (d) APPLICATION OF CERTAIN CONSUMER PROTEC5 TIONS.— 

6 (1) IN GENERAL.—Medical debt incurred dur7 ing the period beginning on February 1, 2020, and 

8 ending on the date that is 60 days after the lifting 

9 of the state of emergency for COVID–19-related 

10 testing and treatment (as determined by the Sec11 retary) shall be subject to the following consumer 

12 protections: 

13 (A) A one-year extension of Federal and 

14 State health insurance appeal deadlines, includ15 ing the deadlines set forth in section 2719 of 

16 the Public Health Service Act (42 U.S.C. 

17 300gg–19) and sections 2590.715 through 

18 2179 of title 29, Code of Federal Regulations, 

19 and the appeal and grievance deadlines for the 

20 denials of Medicare or Medicaid claims under 

21 titles XVIII and XIX of the Social Security Act 

22 (42 U.S.C. 1395 and 1396 et seq.). 

23 (B) A prohibition on the accrual and col24 lection of fees and interest related to the med25 ical debts involved. 


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1 (C) A prohibition on any extraordinary col2 lection actions as described in section 1.501(r)– 

3 6(b) of title 26, Code of Federal Regulations. 

4 (2) COVID–19-RELATED TESTING AND TREAT5 MENT.—For purposes of paragraph (1), the term 

6 ‘‘COVID–19-related testing and treatment’’ includes 

7 items and services (including in-person or telehealth 

8 visits in which such items and services are fur9 nished) that are furnished— 

10 (A) to an individual who has been diag11 nosed with (or after the provision of such items 

12 and services is diagnosed with) COVID–19 to 

13 treat or mitigate the effects of COVID–19; and 

14 (B) to an individual who is presumed by a 

15 health care provider to have COVID–19 but is 

16 never diagnosed as such. 

17 (e) PENALTIES.—Except as provided in this section, 

18 a covered provider or its agent that fails to comply with 

19 any provision of this section with respect to a patient shall 

20 be liable to such patient for damages in an amount equal 

21 to the sum of— 

22 (1) any actual damages sustained by such pa23 tient as a result of such failure to comply; 

24 (2) in the case of an action commenced— 


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1 (A) by an individual, any additional dam2 ages as the court may permit, but not to exceed 

3 $1,000 for each failure to comply; or 

4 (B) by a class of patients— 

5 (i) such amount for each named plain6 tiff as could be recovered under paragraph 

7 (1) and subparagraph (A); and 

8 (ii) such amount as the court may 

9 allow for all other class members, without 

10 regard to a minimum individual recovery, 

11 not to exceed the lesser of $2,000,000 or 

12 1 percent of the annual net income of the 

13 covered provider; and 

14 (3) in the case of any successful action under 

15 this section, the costs of the action, together with a 

16 reasonable attorney’s fee as determined appropriate 

17 by the court. 

Æ 


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