An Act Requiring Health Care Providers to Engage in Fair Practices When Selling Medical Debt
Maine Legislature, Session 131, LD 2115
Committee Amendment CA_A_S667 (Senate)
Amends: 32 MRSA §11002, 32 MRSA §11013

COMMITTEE AMENDMENT "^-" to S.P 908, LD. 2115 "An Act Requiring
Health Care Providers to Engage in Fair Practices When Selling Medical Debt"
Amend the bill by striking out the title and substituting the following:
'An Act to Prohibit Unfair Practices Related to the Collection of Medical Debt'
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 32 MRSA §11002, sub-§7-A is enacted to read:
7-A. Medical debt. "Medical debt" means debt arising from health care services,
mcludme dental services, or health care goods, includmg products, devices, durable
medical equipment and prescription drugs. "Medical debt" does not include debt arisine
from services provided by a veterinarian; debt charged to a credit card unless the credit
card is issued under an open-end or closed-end credit plan offered solelY for the payment
of health care services; debt charged toAhomeLecmity or general purpose line of credit; or
secured debt.
Sec. 2. 32 MRSA §11013, sub-§2, ^[O, as enacted by PL 1985, c. 702, §2, is
amended to read:
0. The false representation or implication that documents are not legal process forms
or do not require action by the consumer; of
Sec. 3. 32 MRSA §11013, sub-§2, ^P, as amended by PL 2013, c. 588, Pt. C,§17,
is further amended to read:
P. The false representation or implication that a debt collector operates or is employed
by a consumer reporting agency, as defmed by Title 10, section 1308, subsection 3^
Sec. 4. 32 MRSA §11013, sub-§2, ^Q is enacted to read:
0. The false, deceptive or misleading representation or implication that interest will
accumulate on the debt urincbal when the debt collector or collection aeencv is
attemotine to collect debt that the debt collector or collection agency knows is medical
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ^ " to S.P. 908, L.D. 21 15;
debt or to obtain infonnation about a consumer in relation to an attempt to collect
medical debt:
Sec. 5. 32 MRSA §11013, sub-§2, ^R is enacted to read:
R, The false, deceptive or misleading representation or implication that a fee will be
charged in connection with the debt when the debt collector or collection agency is
attemotine to collect debt that the debt collector or collection agency knows is medical
debt or to obtain infonnation about a consumer in relation to an attempt to collect
medical debt; or
Sec. 6. 32 MRSA §11013, sub-§2, ^[S is enacted to read:
S. The false, deceptive or misleading representation or implication that the debt
collector or collection aeencv will pursue litieation to compel payment of the debt
when attempting to collect debt that the debt collector or collection aeencv knows is
medical debt or to obtain information about a consumer in relation to an attempt to
collect medical debt.
Sec. 7. 32 MRSA §11013, sub-§3, ^M, as enacted by PL 1985, c. 702, §2, is
amended to read:
M. Engaging in the business of lending money to any person or contacting any person
for the purpose of securing a loan for any person with which to pay any claim left with
it for collection, or recommending any person or persons as a source of funds to pay
any such claim; w
Sec. 8. 32 MRSA §11013, sub-§3, TIN, as repealed and replaced by PL 2009, c.
245, §8, is amended to read:
N. Threatening to bring legal action in the debt collector's own name or instituting a
suit on behalf of others or furnishing legal advice, except that a debt collector who is
also an attorney may bring an action under this paragraph in the name of the creditor
in any division or county permitted by 15 United States Code, Section 16921 and may
furnish legal advice to the creditor with respect to a debt-i
Sec. 9. 32 MRSA §11013, sub-§3, ^[0 is enacted to read:
0. Notwithstandmg paragraph A, chareine any interest on debt that the debt collector
knows is medical debt;
Sec. 10. 32 MRSA §11013, sub-§3, ^P is enacted to read:
P. Notwithstanding paragraph A. charging any fee in connection with the collection of
debt that tihe debt collectorknows is medical debt; or
Sec. 11. 32 MRSA §11013, sub-§3, ^[Q is enacted to read:
0. Pursuing litigation to comuel payment of medical debt without providine proof that
the consumer was sent a written notice indicatme that litigation may not be pursued
when the debt collector or collection agency knows the consumer's household income
is not more than 300% of the federal poverty euidelines. as defmed by the federal
Office of Management and Budget ancLrevised annually, and the debt collector or
collection agency provided the consumer with at least 3 0 days to provide evidence that
Page2-131LR2795(02)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ^ " to S.P. 908, L.D. 2115
the consumers householcLmcome jsnpt more than 300% of the federal poverty
euidelines.'
Amend the bill by relettering or renumbermg any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment, which is the majority report of the committee, replaces the bill and
changes the title. The amendment does the following.
1. It prohibits debt collectors from charging any interest on debt or fees in connection
with the collection of debt that the debt collector knows is medical debt.
2. It prohibits debt collectors from pursuing litigation to compel payment of medical
debt without providing proof that the consumer was sent a written notice indicating that
litigation may not be pursued when the debt collector or collection agency knows the
consumer's household income is not more than 300% of the federal poverty guidelines, as
defined by the federal Office of Management and Budget and revised annually, and the
debt collector or collection agency provided the consumer with at least 30 days to provide
evidence that the consumer's household income is not more than 300% of the federal
poverty guidelines.
3. It prohibits debt collectors from making false, deceptive or misleading
representations when attempting to collect debt that the debt collector or collection agency
knows is medical debt or to obtain information about a consumer in relation to an attempt
to collect medical debt that interest will accumulate on the debt principal, that a fee will be
charged in connection with the debt or that the debt collector will pursue litigation to
compel payment of the debt.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 03/29/24 f^W:^
LD 2115 LR 2795(02)
An Act Requiring Health Care Providers to Engage in Fair Practices When Selling Medical Debt
Fiscal Note for Bill as Amended by Committee Amendment "/|"/
Committee: Health Coverage, Insurance and Financial Services
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Minor revenue increase - General Fund
Fiscal Detail and Notes
Any additional costs and increased revenue to the Department of Professional and Financial Regulation from the
provisions of this bill are expected to be minor and can be absorbed within existing budgeted resources.
LR2795(02) - Fiscal Note - Page 1 of 1