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Providers May Soon Be Unable to Report Unpaid Medical Debt to Collection or Credit Reporting Facilities

By Neil M. Sullivan on August 18, 2022
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A bill to prohibit healthcare providers from reporting unpaid medical debt to a collection or credit reporting facility is working its way through the New Jersey Legislature.

Assembly Bill 3802 (and its companion S2428) define “medical creditor” as any healthcare provider that provides healthcare services and to whom the consumer owes money for healthcare services, or any person who purchases a debt arising from the receipt of healthcare services. Healthcare provider includes a physician, dentist and other licensed healthcare professionals, and a hospital and other licensed healthcare facilities.

The bill comes on the heels of an announcement from reporting agencies that they are curtailing the inclusion of medical debt in credit reports. The three nationwide credit reporting agencies – Equifax, Experian, and TransUnion – announced in March that effective July 1, 2022 they would no longer include paid medical collection debt, and unpaid medical collection debt would only appear after one year instead of six months. In the first half of 2023, they will no longer include medical collection debt under $500 on credit reports.

This legislation, if signed into law, would go a step further and prohibit the unpaid amounts from even being reported to the credit agencies. The companion bills have been referred to the Assembly Financial Institutions and Insurance Committee and the Senate Commerce Committee, respectively.

 

 

Photo of Neil M. Sullivan Neil M. Sullivan

Of Counsel, Corporate and Healthcare

Neil’s healthcare and insurance law practice has a particular emphasis on the intersection of healthcare finance and healthcare delivery systems. He has significant experience assisting both healthcare providers and insurance companies in the negotiation and drafting of provider-payer…

Of Counsel, Corporate and Healthcare

Neil’s healthcare and insurance law practice has a particular emphasis on the intersection of healthcare finance and healthcare delivery systems. He has significant experience assisting both healthcare providers and insurance companies in the negotiation and drafting of provider-payer contracting agreements, including participation in commercial, Medicare Advantage and managed Medicaid networks, and provides representation in insurer compensation disputes.

He regularly represents and counsels health plans and healthcare providers in regulatory compliance and filings, and alternative financial models for healthcare delivery, including Medicare Advantage (Part C) and managed Medicaid plans, Organized Delivery Systems (ODS), Accountable Care Organizations (ACO), Multiple Employer Welfare Arrangements (MEWA), and health system equity ownership or participation in insurance organizations. He has provided his expertise in complex regulatory requirements in conjunction with multiple lawsuits.

Neil served as Assistant Commissioner of the New Jersey Department of Banking and Insurance (NJ DOBI) from 2010-2014, a period of fundamental change in both the healthcare and insurance sectors. This encompassed the implementation of the Affordable Care Act (ACA) and the Dodd-Frank Wall Street Reform and Consumer Protection Act, the emergence of alternative financial models for health care delivery, and the transition to electronic health records and implementation of the ICD-10 mandate.

In his role, he had overall responsibility for the implementation of insurance reforms under the ACA, including the establishment of a high-risk pool and feasibility study of health insurance exchanges, and rationalizing conflicting points of state and federal law. He served as the DOBI Commissioner’s designee on the NJ Individual Health Coverage (IHC) and Small Employer Health (SEH) program boards, the Mandated Health Benefits Advisory Commission, and the NAIC Regulatory Framework Task Force and Senior Issues Committee and acted as liaison with the Centers for Medicare & Medicaid Services (CMS) over ACA implementation.

Results may vary depending on your particular facts and legal circumstances.

Contact information:

nsullivan@greenbaumlaw.com | 973.577.1804 | vCard  | LinkedIn

For more information visit the Greenbaum, Rowe, Smith & Davis LLP website.

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  • Posted in:
    Health Care and Life Sciences
  • Blog:
    Healthcare Perspectives
  • Organization:
    Greenbaum, Rowe, Smith & Davis LLP
  • Article: View Original Source

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