An Act To Protect Maine Citizens' Credit
Maine Legislature, Session 124, LD 1676
Committee: Insurance and Financial Services
Sponsors: BARTLETT, TREAT, BOWMAN, LEGG
Amends: 10 MRSA §1312, 10 MRSA §1320, 10 MRSA §1331

Legislative Document 
No. 1676 
S.P.648 
In Senate, January 6,2010 
An Act To Protect Maine Citizens' Credit 
Approved for introduction by a majority ofthe Legislative Council pursuantto Joint Rule· 
203. 
Reference to the Committee on Insurance and Financial Services suggested and ordered 
printed. 
Presented by Senator BARTLETT of Cumberland. 
Cosponsored by Representative TREAT of Hallowell and 
9t8(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Senator: BOWMAN of York, Representative: LEGG of Kennebunk. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §1312, sub-§9-A is enacted to read: 
9-A. Necessary medical treatment. "Necessary medical treatment" means medical· 
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treatment for a life-threatening cbndition 'without which death is probable .. 
Sec. 2. 
MRSA §1320, sub-§3-A, a~ enacted by PL 1993, c. 365, §1, IS 
amended to read: 
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3-A. Medical expenses debts; court or administrative orders. 
A Except as 
provided in section 1331, a debt collector may report overdue medical expenses for a 
minor child to a consumer reporting agency only in the name of the responsible party 
identified in a court order or administrative order if the debt collector is notified orally or 
in writing of the eXistence of the order. in addition, a report may not be made until after 
the debt collector has notified, or made a good faith effort to notify , the responsible party 
of that party's obligation to pay the overdue medical expenses. Existing information 
regarding overdue medical expenses for a minor child in the mime of a person other than 
the responsible party identified in a court order or administrative order is considered 
inaccurate information for the purposes of section 1317 and is subject to correction. A 
debt collector or consumer reporting agency may request reasonable verification· of the 
order, including a certified copy of the order. 
Sec. 3. 10 MRSA §1331is enacted to read: 
§1331. Reporting of information related to debt resulting from necessary medical 
treatment 
1. Furnishing information to credit reporting agency prohibited. As long as 
minimum payments are made to the provider of necessary medical treatment, information 
regarding a debt owed for necessary medical treatment provided to a consumer whose 
income is under 400% of the federal poverty level or to a person to whom that consumer 
has a legal obligation to provide support may not be furnished to a credit reporting 
agency by: 
A. A licensed physician, medical practitioner, hospital, clinic or other medical or 
medically related facility that provided the necessary medical treatment; or 
B. A debt collector. 
2. Civil liability. A person that willfully and knowingly violates subsection 1 is 
liable to the consumer about whom information was furnished in an amount equal to the 
greatest of: 
A. Three times the amount of actual damages sustained by the consumer as a result 
of the violation; 
. 
B. 
One thousand dollars plus reasonable attorney's fees and court costs as 
determined by the court; and 
C. Damages awarded under section 1322. 
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3. Remedies not affected. Nothing in this section may be construed as a limitation 
on the right of a licensed physician, rriedical practitioner, hospital, clinic or other medical 
or medically related facility or debt collector seeking payment of an unpaid medical bill 
to pursue' all available legal remedies under this Act or under other principles of law or 
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SUMMARY. 
This bill amends the Fair Credit Reporting Act to provide that, as long as minimum 
payments are made to the provider of necessary medical treatment, information regarding 
a debt owed for necessary medical treatment provided to a consumer whose income is 
under 400% of the federal poverty level, or to a person to whom that consumer has a legal 
obligation to provide support, may not be furnished to a credit reporting agency by a debt 
collector or by th~ medical entity that provided the necessary medical treatment.