Assembly Bill A9438

Signed By Governor
2023-2024 Legislative Session

Relates to the definition of medical debt

download bill text pdf

Sponsored By

Current Bill Status Via S8373 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A9438 (ACTIVE) - Details

See Senate Version of this Bill:
S8373
Law Section:
General Business Law
Laws Affected:
Amd §380-a, Gen Bus L; amd §4925, Pub Health L

2023-A9438 (ACTIVE) - Summary

Exempts credit card debt from the definition of medical debt unless the credit card is issued under an open-ended or closed-ended plan offered specifically for the payment of health care services, products, or devices provided to a person.

2023-A9438 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9438
 
                           I N  A S S E M B L Y
 
                              March 14, 2024
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN  ACT  to amend the general business law and the public health law, in
   relation to the definition of medical debt
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  (v) of section 380-a of the general business
 law, as added by chapter 727 of the laws of 2023, is amended to read  as
 follows:
   (v) The term "medical debt" means any obligation or alleged obligation
 of  a  consumer  to  pay any amount whatsoever related to the receipt of
 health care services,  products,  or  devices  provided  by  a  hospital
 licensed  under  article twenty-eight of the public health law, a health
 care professional authorized under title eight of the education law,  or
 an ambulance service certified under article thirty of the public health
 law.  MEDICAL DEBT DOES NOT INCLUDE DEBT CHARGED TO A CREDIT CARD UNLESS
 THE CREDIT CARD IS ISSUED  UNDER  AN  OPEN-ENDED  OR  CLOSED-ENDED  PLAN
 OFFERED  SPECIFICALLY FOR THE PAYMENT OF HEALTH CARE SERVICES, PRODUCTS,
 OR DEVICES PROVIDED TO A PERSON.
   § 2. Subdivision 1 of section 4925 of the public health law, as  added
 by chapter 727 of the laws of 2023, is amended to read as follows:
   1.  "Medical  debt"  means  an  obligation  or alleged obligation of a
 consumer to pay any amount whatsoever related to the receipt  of  health
 care  services,  products, or devices provided to a person by a hospital
 licensed under article twenty-eight  of  this  chapter,  a  health  care
 professional  authorized  under  title  eight of the education law or an
 ambulance service  certified  under  article  thirty  of  this  chapter.
 Medical  debt  does not include debt charged to a credit card unless the
 credit card is issued under an open-ended or  [closed-end]  CLOSED-ENDED
 plan  offered  specifically  for  the  payment  of health care services,
 products, or devices provided to a person.
   § 3. This act shall take effect immediately and  shall  be  deemed  to
 have  been  in  full  force  and effect on the same date and in the same
 manner as chapter 727 of the laws of 2023 amending the public health law
 and the general business law relating to prohibiting medical  debt  from
 being collected by a consumer reporting agency or included in a consumer
 report, takes effect.

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