B 26-0438 — Medical Debt Mitigation Amendment Act of 2025
Last action — Act A26-0365 Published in DC Register Vol 73 and Page 009402
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✓Introduced
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✓In Committee
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✓Passed Council
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✓To Executive
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5Enacted
This bill has been enacted into law. Introduced October 20, 2025. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
In plain language
The bill addresses issues related to medical debt.
This legislation focuses on the management and mitigation of medical debt. It outlines provisions aimed at reducing the burden of medical costs on individuals and families.
What this means for you
- Families: This means families may find relief from the pressures of medical debt.
Bill Text
What changed in the latest version
448 added · 464 removedPlain-language change summary
The amendments to Bill B 26-0438 introduce several important changes to how medical debt is handled in the District of Columbia. Key additions include the requirement for health care facilities to offer financial assistance and payment plans to eligible patients, as well as restrictions on reporting medical debt to credit agencies and preventing wage garnishments or property liens for medical debt collection. These changes aim to protect patients from overwhelming financial burdens related to medical care, ensuring that access to health services doesn’t lead to lifelong debt issues. Overall, the goal is to create a fairer and more supportive environment for individuals facing medical expenses.
ENGROSSEDENROLLED ORIGINAL AAN BILLACT 3__________________ 26-438 5 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 8 __________________ To amend the Health Services Planning Program Re-establishment Act of 1996 to require the Department of Health to collect certain data,data and to require certain health care facilities to offer financial assistance and payment plans to eligible patients;
to amend sectionChapter 28-38 3814of Title 28 of the District of Columbia Official Code to prohibit the reporting of medical debt to a credit reporting agency, and to prohibit wage garnishments and property liens to collect on a medical debt;debt, and health care providers from assisting patients with completing applications for, or promoting, medical lending products under certain conditions or requiring credit card authorization before the date that health services are provided or costs are incurred;
to addamend aChapter new39 sectionof 28-3820Title 28 of the District of Columbia Official Code to prohibitmake healtha careviolation providersof fromthe assistingrestrictions patientson with completing applications for, or promoting, medical lending products toan patientsunfair under certain conditions, and to prohibit health care providers from requiring credit card authorization before the date that health services are provided or costsdeceptive aretrade incurred;practice;
toand makefor aother violationpurposes. of the restrictions on medical lending products an unfair or deceptive trade practice;
to amend Chapter 2 of Title 40 of the District of Columbia Official Code to limit liens for emergency health services provided by a health care facility to the lesser of either the amount the patient owes after insurance claims or 33% of the total amount awarded to the patient;
and to amend Chapter 1 of Title 15 of the District of Columbia Official Code to prevent the revival of judgments against a debtor for medical debt.
ENGROSSED ORIGINAL (1) Section 2 (D.C.
“(10A) “Health care facility-FAP” means a health care facility, but excluding an intermediate care facilities,facility, skilled nursing facilities,facility, or home health agencies,agency, that is required to have a financial assistance policy under title II.”.
“(a-2) Beginning one year after the applicability date of this subsection, and annually thereafter, each health care facility-FAP shall provide a written report to the Department of Health on its financial assistance policy, including:
ENROLLED ORIGINAL “(1) The number of patients who received financial assistance in the past 12 months, disaggregated by patients who received free and discounted care, residency, race, ethnicity, age, and primary-language-spoken,primary language spoken, if such information is available;
ENGROSSED ORIGINAL “(A) The number of instances the health care facility-FAP has sold medical debt to a collection entity, as that term is defined in section 23(1),201(1), including the business namesname of the collection entities;entity;
and “(C) The number of instances the health care facility-FAP or collection entity acting on behalf of the heath care facility-FAP has commenced litigation against a patient to collect on medical debt, including the court ofin law under which the litigation was commenced;
and “(6) Any other information required by the Department of Health through rulemaking.”.
(c) A new Titletitle II is added to read as follows:
23.201.
ENGROSSED ORIGINAL “(1) “Collection entity” means a person that purchases medical debt or collects medical debt on behalf of another.
“(4) “Financial assistance policy” means the policy required by section 24.202.
The ENROLLED ORIGINAL term “medical debt” does not include charges to a credit card for the provision of medical services, products, or devices, unless the credit card is a medical lending product.
“(7) “Medically necessary health service” means a health service, including pharmaceuticals, medical supplies, and plastic surgery designed to correct disfigurement caused by injury, illness, or congenital defect or deformity, provided by a health care provider to a ENGROSSED ORIGINAL patient that is necessary to prevent, diagnosediagnose, or treat an illness, injury, condition or disease, or the symptoms of an illness, injury, condition or disease, and meets accepted standards of medicine.
“(8) “Patient” means an individual who receivedreceives medical services, products, or devices, including an individual’s parent or legal guardian if the individual is a minor, legal guardian if the individual is an adult under guardianship, or an individual’s legally appointed healthcare agent.
24.202.
ENGROSSED ORIGINAL “(E) The process for a patient to dispute an adverse financial assistance decision;
ENROLLED ORIGINAL “(1) Posting the policy in a prominent location on its website;
and ENGROSSED ORIGINAL “(B) On bills and statements;
and “(4) A disclaimer in the application materials that the patient is not required to pay the medical bill until a decision on their application has been rendered, in accordance with section 25(c).203(e).
25.203.
“(a) Except in emergency circumstances, a health care facility-FAP shall inform patients of the following information before the provision of a medically necessary health service:
and “(2) If the patient is insured, a good faith estimate of the patient’s cost-sharing responsibilitiesresponsibility under the patient’s health insurance plan.
“(B) Is participating in a federal or local public assistance program, including the Supplemental Nutrition Assistance Program, Special Supplemental Nutrition Program for Women, Infants, and Children, Temporary Assistance for Needy Families, National School Lunch ProgramProgram, free or reduced price meals, Low-Income Home Energy Assistance Program, Medicaid, or DC Healthcare Alliance;
ENGROSSED ORIGINAL “(C) Is experiencing homelessness or is at risk of homelessness, as those terms are defined in section 2 of the Homeless Services Reform Act of 2025, effective October 22, 2005 (D.C.
Official Code § 4–751.01);4-751.01);
or “(E) Satisfies any other criteria established by the Department of Health through rulemaking.
ENROLLED ORIGINAL “(2) A health care facility-FAP shall also affirmatively screen a patient for financial assistance if a member of the patient’s household satisfies paragraph (1)(B) or (E) of this subsection.
“(3) A patient who is screened for financial assistance eligibility under paragraph (1) of this subsection shall be deemed eligible for financial assistance if they submitapply an application for financial assistance and provide documentation that they satisfy at least one of the criteria under paragraph (1) of this subsection.
“(c) If a patient does not meet any of the criteria set forth in subsection (b)(1) of this section, the health care facility-FAP shall screen the patient for financial assistance eligibility upon request and determine a patient’s eligibility for financial assistance using:
ENGROSSED ORIGINAL “(A) The patient’s most recent available tax return;
“(d) A health care facility-FAP shall provide a patient, including the patient’s representative if the patient is deceased and died intestate, with the opportunity to fileapply an application for financial assistance for up to 240 days after the date of the first posted medical bill;
provided, that a patient who is the subject of a collection activity by the facility or a collection entity may submit an application for financial assistance at any time and the health care facility-FAP or collection entity shall cease collection activity until the health care facility-facility-FAP FAP renders a decision on the application, including a determination on the amount of medical debt owed, new payment plan terms, or debt cancellation.
ENGROSSED ORIGINAL “(1) If approved, notify the patient that their medical bill has been reduced or eliminated, of any amount still outstanding, and on how to apply for additional financial assistance for any remaining balance;
or “(2) If denied, notify the patient of the denial and include an explanation of the basis for the denial of financial assistance and the process for appealing.appealing the decision.
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“(g) AThe health care facility-FAP’s financial assistance policy shall, at a minimum, provide:
ENROLLED ORIGINAL “(1) Free care to patients with a household income of 200% or less of the federal poverty level;
and “(2) Reduced-cost care to patients with a household income of more than 200% but not more than 500% of the federal poverty level by reducing the patient’s out-of-pocket expenses for the health service, based on the amounts generally billed under 26 U.S.C.
“(A) 75%, for a patient with a household income of 201%more than 200% but not more than 300% of the federal poverty level;
“(B) 60%, for a patient with a household income of more than 300% but not more than 400% of the federal poverty level;
and “(C) 40%, for a patient with a household income of more than 400% but not more than 500% of the federal poverty level.
ENGROSSED ORIGINAL “(h) Nothing in this section shall be construed to prohibit or limit a health care facility from:
26.204.
“(a)(1) For a patient who is approved for reduced-cost care financial assistance under section 25203 (“eligible patient”), a health care facility-FAP shall offer a payment plan with a monthly installment payment not to exceed 3% of the patient’s monthly household income and with the first payment not due until at least 30 days after the patient is discharged or finished treatment at the facility;
provided, that, upon written request by the patient, or if the patient currently has a payment plan,plan within the same health care system as the health care facility-FAP,facility-FAP with a higher monthly installment percentage, the health care facility-FAP may offer a payment plan with a higher monthly installment payment.
ENGROSSED ORIGINAL “(2) Any medical debt sold by a health care facility-FAP to a collection entity shall retain the terms of the payment plan.
and ENROLLED ORIGINAL “(C) An opportunity to discuss with staff the payment plan option prior to the eligible patient being discharged.
“(c) A health care facility-FAP shall provide patients who enter into a payment plan with a written copy, via mail or email, of the payment plan within 21 days after the patientagreement, agrees to the payment plan, which shall, at a minimum, include:
ENGROSSED ORIGINAL “(1) The patient fails to make scheduled payments for at least 3 consecutive months;
27.205.
“(b) The Department of Health shall make the information reported by a health care facility-FAP pursuant to section 6(a-2) and any corrective action plans or fines imposed for a violation of this title publicly available.
“(c)(1) The Department of Health shall create a process for patients to submit a complaint relating to a health care facility’s noncompliance with this title.
ENGROSSED ORIGINAL “(2) The Department of Health shall review complaints submitted pursuant to paragraph (1) of this subsection within 30 days after receipt of the complaint.
“(d) The Department of Health shall share information obtained pursuant to this title and section 6(a-2) with the Office of the Attorney General, upon request, within 30 days after the request.request is made.
ENROLLED ORIGINAL “Sec.
28.206.
“(a) No later than the applicability date of the Medical Debt Mitigation Amendment Act of 2026, ,passed ason approved2nd byreading the Committee on HealthJune on2, April 7, 2026 (Committee(Enrolled printversion of Bill 26-26-438), 438), the Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat.
and “(2) The process for patients to submit a complaint to the Department of Health pursuant to section 27(c).205(c).
“(b) The Department of Health shall engage with health care facilities and patient advocates in the developmentrulemaking ofprocess rules in order to minimize administrative costs for health care providers and ensure a streamlined application process for patients.”.
SectionTitle 28-381428 of the District of Columbia Official Code is amended by adding a new subsection (dd) to read as follows:
ENGROSSED(a) ORIGINALChapter “(dd)(1)38 Notwithstandingis anyamended otheras provisionfollows: of this section, a health care provider or debt collector shall not engage in medical debt collection until 180 days after the date the consumer receives the first posted medical bill and provide at least 90 days’ notice to the patient before commencing medical debt collection;
provided,(1) that,Section if28-3814 theis servicesamended wereby providedadding at a healthnew caresubsection facility-FAP,(dd) theto healthread careas facility-FAPfollows: or debt collector:
“(A)“(dd)(1) ShallNotwithstanding includeany withother theprovision noticeof this section, a statementhealth thatcare explainsprovider or debt collector shall not engage in medical debt collection until 180 days after the availabilitydate ofthe freeconsumer orreceives discountedthe carefirst forposted qualifyingmedical patientsbill and theshall processprovide at least 90 days’ notice to applythe forpatient financialbefore assistance;commencing medical debt collection;
andprovided, “(B)that, Shallif notthe engageservices inwere medicalprovided debtat collection against a patienthealth who is eligible for financial assistance under section 25, unless the patient has refused financial assistance, or is receiving discounted care underfacility-FAP, the health care facility-FAP’sfacility-FAP financialor assistancedebt policycollector andshall: has defaulted on their payment plan.
“(A) Include with the notice a statement that explains the availability of free or discounted care for qualifying patients and the process to apply for financial assistance;
and “(B) Not engage in medical debt collection against a patient who is eligible for financial assistance under section 203 of the Health Services Planning Program Re- establishment Act of 1996, passed on 2nd reading on June 2, 2026 (Enrolled version of Bill 26- 438), unless the patient has refused financial assistance or is receiving discounted care under the health care facility-FAP’s financial assistance policy and has defaulted on their payment plan.
ENGROSSEDENROLLED ORIGINAL “(A) Request the court to vacate the judgment in any collection lawsuit over the medical debt and attempt to enter into a payment plan with the patient;
“(4)(A) A health care provider or debt collector who knows or should have known about an appeal of a health insurance decision that is pending or was pending within the previous 90 days that forms the basis of the medical debt shall not:
ENGROSSED ORIGINAL “(ii) Initiate a lawsuit or arbitration proceeding against the patient relating to the medical debt;
ENGROSSEDENROLLED ORIGINAL “(7) For purposes of this subsection, the term:
“(A) “Health care facility-FAP” shall have the same meaning as provided in section§ 2(10A)44-401(10A). of the Health Services Planning Program Re-establishment Act of 1996, effective April 9, 1997 (D.C.
Law“(B) 11-191;“Health care provider” means a person whose primary business is to provide medical services, products, or devices, including a health care facility, as that term is defined in § 44-401(10).
D.C.“(C) “Medical debt” shall have the same meaning as provided in section 201(5) of the Health Services Planning Program Re-establishment Act of 1996, passed on 2nd reading on June 2, 2026 (Enrolled version of Bill 26-438).
Official Code § 44-401(10A).
“(B) “Health care provider” means a person whose primary business is to provide medical services, products, or devices, including a health care facility, as that term is defined in section 2(10) of the Health Services Planning Program Re-establishment Act of 1996, effective April 9, 1997 (D.C.
Law 11-191;
D.C.
Official Code § 44-401(10)).
“(C) “Medical debt” shall have the same meaning as provided in section 23(5) of the Health Services Planning Program Re-establishment Act of 1996, approved by the Committee on Health on April 7, 2026 (Committee print of Bill 26-438).
Sec.(2) A new section 28-3820 is added to read as follows:
4.
Title 28 of the District of Columbia Official Code is amended as follows:
(a) Chapter 38 is amended as follows:
(1) A new section 28-3820 is added to read as follows:
“(a) For the purposes of this section, the term “medical lending product” shall have the same meaning as provided in section 23(6).201(6) of the Health Services Planning Program Re- establishment Act of 1996, passed on 2nd reading on June 2, 2026 (Enrolled version of Bill 26- 438).
ENGROSSED ORIGINAL “(b) A health care provider, as that term is defined in § 28-3814(dd),28-3814(dd)(7)(B), shall not:
or ENGROSSED ORIGINAL “(6) If the services were provided at a health care facility-FAP, as defined in § 44- 401(10A), offer a medical lending product or another form of credit until the health care facility-FAPfacility- FAP has offered or conducted a financial assistance eligibility screening pursuant to section 25.”.203 ENROLLED ORIGINAL of the Health Services Planning Program Re-establishment Act of 1996, passed on 2nd reading on June 2, 2026 (Enrolled version of Bill 26-438).”.
(1) Section 28–390428-3904 is amended as follows:
(A) Subsection (ll)(nn) is amendedredesignated to read as follows:subsection (ll).
(B) Subsection (ll) is amended to read as follows:
(B)(C) SubsectionA new subsection (mm) is amendedadded to read as follows:
“(mm) violate any provision of D.C.§ 28-3820.”.
Code(2) §Section 28-3820.”.28-3909(a) is amended by striking the phrase “28-3819, 28-3851” and inserting the phrase “28-3819, 28-3820, 28-3851” in its place.
(C) Subsection (nn) is repealed.
(2) Section 28–3909(a) is amended by striking the phrase “28-3819, 28-3851” and inserting the phrase “28-3819, 28-3820, 28-3851” in its place.
5.4.
(b) Subsection (a) is amended by striking the phrase “have a lien upon that part going or belonging to such patient, of any recovery or sum had or collected or to be collected by such patient” and inserting the phrase “have a lien upon that part going or belonging to such patient, ENGROSSED ORIGINAL of any recovery or sum had or collected or to be collected by such patient;
6.5.
“(b) Notwithstanding subsection (a) of this section, an order of revival shall not be granted for a judgment or decree to enforce the collection of medical debt, as that term is defined in section 23(5).”.201(5) of the Health Services Planning Program Re-establishment Act of 1996, passed on 2nd reading on June 2, 2026 (Enrolled version of Bill 26-438).”.
7.6.
ENROLLED ORIGINAL (b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.
ENGROSSED ORIGINAL (c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.
8.7.
9.8.
22___________________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia 12
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View plain text versions (3)
- Enrolled Enrollment Current pdf
- Engrossed Engrossment pdf
- Introduced Introduction pdf
Action History
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Act A26-0365 Published in DC Register Vol 73 and Page 009402
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Transmitted to Congress, Projected Law Date is Sep 18, 2026
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Returned from Mayor
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Enacted without Mayor's Signature with Act Number A26-0365
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Transmitted to Mayor, Response Due on Jul 01, 2026
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Final Reading, CC
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First Reading, CC
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Committee Mark-up of B26-0438 by the Health Committee
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Public Hearing on B26-0438
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Notice of Public Hearing Published in the District of Columbia Register
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Notice of Public Hearing filed in the Office of Secretary by Health
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Notice of Intent to Act on B26-0438 Published in the District of Columbia Register
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Referred to Committee on Health
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B26-0438 Introduced by Councilmember Henderson at Office of the Secretary
Sponsors
- Christina Henderson · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 13 not signed on
Sponsors (1)
Co-sponsors (0)
None.
"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors B 26-0438?
- B 26-0438 is sponsored by Christina Henderson.
- What is the current status of B 26-0438?
- This bill has been enacted into law. Introduced October 20, 2025. Enacted.
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