[Congressional Record Volume 164, Number 40 (Wednesday, March 7, 2018)]
[Senate]
[Page S1482]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2105. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill S. 2155, to promote economic growth, provide 
tailored regulatory relief, and enhance consumer protections, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. MEDICAL DEBT RELIEF.

       (a) Amendments to Fair Credit Reporting Act.--
       (1) Medical debt defined.--Section 603 of the Fair Credit 
     Reporting Act (15 U.S.C. 1681a), as amended by section 302(b) 
     of this Act, is amended by adding at the end the following:
       ``(bb) Medical Debt.--The term `medical debt' means a debt 
     described in section 604(g)(1)(C).''.
       (2) Exclusion for paid or settled medical debt.--Section 
     605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)), 
     as amended by section 302(b) of this Act, is amended by 
     adding at the end the following:
       ``(9) Any information related to a medical debt if the date 
     on which such debt was placed for collection, charged to 
     profit or loss, or subjected to any similar action antedates 
     the report by less than 180 days.
       ``(10) Any information related to a fully paid or settled 
     medical debt 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.''.
       (b) Validation of Medical Debt.--
       (1) In general.--Section 809 of the Fair Debt Collection 
     Practices Act (15 U.S.C. 1692g) is amended by adding at the 
     end the following:
       ``(f) Validation of Medical Debt.--For purposes of medical 
     debt, the following shall apply:
       ``(1) Definitions.--For purposes of this subsection:
       ``(A) Consumer reporting agency.--The term `consumer 
     reporting agency' has the meaning given such term under 
     section 603(f) of the Fair Credit Reporting Act.
       ``(B) Medical debt.--The term `medical debt' means a debt 
     arising from the receipt of medical services, products, or 
     devices.
       ``(2) Notice of specific deadline.--Prior to furnishing 
     information regarding a medical debt to a consumer reporting 
     agency, a statement described under subsection (a)(3) shall 
     include the following information:
       ``(A) That the debt collector could report to a consumer 
     reporting agency regarding the debt at the end of the 180-day 
     period beginning on the date that the debt collector sends 
     the statement.
       ``(B) The specific date that is the end of the 180-day 
     period beginning on the date that the debt collector sends 
     the statement.
       ``(C) That, if the debt is settled or paid by the consumer 
     or an insurance company during the 180-day period beginning 
     on the date that the debt collector sends the statement--
       ``(i) the debt will not be reported to a consumer reporting 
     agency; and
       ``(ii) the consumer may, during the 180-day period--

       ``(I) communicate with an insurance company to determine 
     coverage for the debt; or
       ``(II) apply for financial assistance.

       ``(3) Communications by debt collector.--The debt collector 
     may not, during the 180-day period beginning on the date that 
     the debt collector sends the statement described under 
     paragraph (2), communicate with, or report any information 
     to, any consumer reporting agency regarding such debt. This 
     paragraph shall have no effect on when a debt collector may 
     or may not engage in activities to collect or attempt to 
     collect any debt owed or due or asserted to be owed.
       ``(4) Reporting after the 180-day period.--Nothing in this 
     subsection shall prohibit the debt collector from 
     communicating with, or reporting any information to, any 
     consumer reporting agency regarding such debt after the end 
     of such 180-day period.''.
       (c) Effective Date.--The amendments made by this Act shall 
     take effect after the end of the 6-month period beginning on 
     the date of the enactment of this Act.
                                 ______