Amendment vs bill Senate Committee Amendment, #3231, COM, Draft vs Enrolled

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Regular Session ENROLLED SENATE BILL NO.
SCASB414 2810 3231 SENATE COMMITTEE AMENDMENTS Regular Session Amendments proposed by Senate Committee on Commerce, Consumer Protection and International Affairs to Original Senate Bill No.
414 BY SENATOR TALBOT AND REPRESENTATIVES CARVER, CHASSION, FISHER, FREEMAN,JACKSON,KERNER,MANDIELANDRY,MARCELLE, MARTINEZ, RISER AND STAGNI AN ACT To enact Chapter 15 of Title 51 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.
414 by Senator Talbot AMENDMENT NO.
51:1501 through 1504, relative to medical debt protection;
1 On page 1, line 3, change "1507" to "1504" AMENDMENT NO.
to create the Louisiana Medical Debt Protection Act;
2 On page 1, line 5 after "limitations;" delete the remainder of the line AMENDMENT NO.
to provide relative to interest rate limitations;
3 On page 1, line 6, delete "provide for terms and definitions;" AMENDMENT NO.
to provide for an effective date;
4 On page 1, line 10, change "1507" to "1504" AMENDMENT NO.
and to provide for related matters.
5 On page 1, line 13, change "Subpart" to "Chapter" AMENDMENT NO.
Be it enacted by the Legislature of Louisiana:
6 On page 2, line 11, change "services," to "services." AMENDMENT NO.
Section 1.
7 On page 2, delete lines 12 through 15 and insert:
Chapter 15 of Title 51 of the Louisiana Revised Statutes of 1950, comprised of R.S.
""Medical debt" does not include either of the following:
51:1501 through 1504, is hereby enacted to read as follows:
(a) An open-end or closed-end extension of credit made by a federally insured financial institution, its subsidiaries, or affiliates.
CHAPTER 15.
(b) A debt charged to a credit card." AMENDMENT NO.
MEDICAL DEBT PROTECTIONS §1501.
8 On page 2, line 26, change "two" to "three" AMENDMENT NO.
Short title This Chapter shall be known and may be cited as the "Louisiana Medical Debt Protection Act".
9 On page 2 delete lines 28 and 29 AMENDMENT NO.
§1502.
10 On page 3, delete lines 1 through 14 AMENDMENT NO.
Definitions As used in this Chapter, the following terms have the following meanings:
11 On page 3, line 15, change "§1507." to "§1504." AMENDMENT NO.
(1) "Medical creditor" means any entity that provides healthcare services and to whom the consumer owes money for healthcare services, or the entity that provided healthcare services and to whom the consumer previously owed money if the medical debt has been purchased by one or more debt Page 1 of 3 Coding:
12 On page 3, line 23, after "information" insert ", which shall be considered confidential and redacted from the complaint" Page 1 of 2 SCASB414 2810 3231 AMENDMENT NO.
Words which are struck through are deletions from existing law;
13 On page 3, delete lines 24 through 26 Page 2 of 2
words in boldface type and underscored are additions.
SB NO.
414 ENROLLED buyers.
(2)(a) "Medical debt" means debt arising from healthcare services, including products, devices, durable medical equipment, and prescription drugs, and from the provisions of transportation to healthcare services.
(b) "Medical debt" does not include either of the following:
(i) An open-end or closed-end extension of credit made by a federally insured financial institution, its subsidiaries, or affiliates.
(ii) A debt charged to a credit card.
(3)"Medicaldebtcollector"meansanypersonthatregularlycollectsor attempts to collect, directly or indirectly, medical debts originally owed or due or asserted to be owed or due to another.
A medical debt buyer shall be considered a medical debt collector for all purposes.
(4) "Medically necessary care" means healthcare services, products, or medications that a licensed healthcare provider determines are necessary to prevent, diagnose, or treatan illness, injury, disease, or its symptoms, and that meet accepted standards of care.
§1503.
Interest rate limitation Interestonmedicaldebtarising frommedically necessarycareshallnot exceed three percent per annum.
Any contractual provision imposing a higher rate is void.
§1504.
Enforcement A.
The attorneygeneral may enforcethe provisions of this Chapter and seek civil penalties.
B.
The attorney general shall establish a complaint process whereby an aggrieved consumer or any member of the public may file a complaint against a medical creditor or medical debt collector who violates any provision of this Chapter.
All complaints shall be considered public records pursuant to R.S.
44:1 et seq., with the exception of the complainant's name, address, or other personal identifying information, which shall be considered confidential and redacted from the complaint.
Page 2 of 3 Coding:
Words which are struck through are deletions from existing law;
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words in boldface type and underscored are additions.
SB NO.
414 ENROLLED Section 2.
This Act shall become effective upon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governorand subsequentlyapprovedbythe legislature, this Act shall become effective on the dayfollowing such approval.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
Page 3 of 3 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.