Legal Question in Credit and Debt Law in Georgia

Did any law pass that would remove medical bills that went to collections from your credit report if it had been paid in full after 45 days?


Asked on 3/15/12, 7:56 am

4 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

After 45 days from what? The question is whether the credit report is correct and accurate. Since you decided to not tell us the actual facts, you won't get a meaningful response. Repost with facts,not asking us to review all the laws passed that may or may not apply.

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Answered on 3/15/12, 8:00 am

I think you mean 45 days after your payment.

I have not heard of such a law, but that does not mean it may not exist.

However, it is highly unlikely that there would be such a law. If a bill went to collections and then was paid, your credit report should be amended to reflect that the bill was paid. In my experience, only in cases where there was a real foul up by the hospital and not just a refusal/inability to pay would derogatory information be removed.

Bottom line - correct information, even if negative can stay on your report unless there is some law that says otherwise. The most likely place would be in the Fair Credit Reporting Act and you can check this online for free on your own.

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Answered on 3/15/12, 8:50 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

No, but such a proposal was recently in the news and has been proposed by several members of Congress. If it did pass, that would likely be months or years away.

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Answered on 3/15/12, 9:47 am

Update! There is a such law that was pending. There was HR 2086, the Meidcal Debt Responsibility Act of 2011. The bill was referred to committee and has languished there. The text of the bill is below. As noted, the bill has not passed and may never pass. I would suggest that you monitor the law.

112th CONGRESS

1st Session

H. R. 2086

To exclude from consumer credit reports medical debt that has been in collection and has been fully paid or settled, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

June 2, 2011

Mr. SHULER (for himself, Mr. MANZULLO, Ms. VELAZQUEZ, and Mr. HALL) introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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A BILL

To exclude from consumer credit reports medical debt that has been in collection and has been fully paid or settled, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Medical Debt Responsibility Act of 2011'.

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings- The Congress finds the following:

(1) Medical debt is unique, and Americans do not choose when accidents happen or when illness strikes.

(2) Medical debt collection issues affect both insured and uninsured consumers.

(3) According to credit evaluators, medical debt collections are more likely to be in dispute, inconsistently reported, and of questionable value in predicting future payment performance because it is atypical and nonpredictive.

(4) Nevertheless, medical debt that has been completely paid off or settled can significantly damage a consumer's credit score for years.

(5) As a result, consumers can be denied credit or pay higher interest rates when buying a home or obtaining credit.

(6) Healthcare providers are increasingly turning to outside collection agencies to help secure payment from patients and this comes at the expense of the consumer because medical debts are not typically reported unless they become assigned to collections.

(7) In fact, medical bills account for more than half of all collection actions reported to consumer credit reporting agencies.

(8) The issue of medical debt affects millions.

(9) According to the Commonwealth Fund, medical bill problems or accrued medical debt affects 73,000,000 working-age adults in America.

(10) For 2010, 30,000,000 working-age American adults were contacted by a collection agency for unpaid medical bills.

(b) Purpose- It is the purpose of this Act to exclude from consumer credit reports medical debt that had been characterized as delinquent, charged off, or debt in collection for credit reporting purposes and has been fully paid or settled.

SEC. 3. AMENDMENTS TO FAIR CREDIT REPORTING ACT.

(a) Medical Debt Defined- Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the following new paragraph:

`(z) Medical Debt- The term `medical debt' means a debt described in section 604(g)(1)(C).'.

(b) Exclusion for Paid or Settled Medical Debt- Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amended by adding at the end the following new paragraph:

`(7) Any information related to a single fully paid or settled medical debt in an amount of $2,500 or less that had been characterized as delinquent, charged off, or in collection which, from the date of payment or settlement, antedates the report by more than 45 days.'.

SEC. 4. PAYGO BUDGETARY EFFECTS.

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled `Budgetary Effects of PAYGO Legislation' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

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Answered on 3/15/12, 11:13 am


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