85R15240 JG-D     By: Burrows H.B. No. 4011       A BILL TO BE ENTITLED   AN ACT   relating to prohibited reporting of information regarding debt   incurred for nonemergency medical care.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Chapter 20, Business & Commerce   Code, is amended to read as follows:   CHAPTER 20. REGULATION OF CONSUMER CREDIT REPORTING [AGENCIES]          SECTION 2.  Section 20.05(a), Business & Commerce Code, is   amended to read as follows:          (a)  Except as provided by Subsection (b), a consumer   reporting agency may not furnish a consumer report containing   information related to:                (1)  a case under Title 11 of the United States Code or   under the federal Bankruptcy Act in which the date of entry of the   order for relief or the date of adjudication predates the consumer   report by more than 10 years;                (2)  a suit or judgment in which the date of entry   predates the consumer report by more than seven years or the   governing statute of limitations, whichever is longer;                (3)  a tax lien in which the date of payment predates   the consumer report by more than seven years;                (4)  a record of arrest, indictment, or conviction of a   crime in which the date of disposition, release, or parole predates   the consumer report by more than seven years; [or]                (5)  another item or event that predates the consumer   report by more than seven years; or                (6)  an amount unpaid by a consumer for nonemergency   medical care described by Section 20.52 unless the reporting of   that debt complies with Subchapter F.          SECTION 3.  Section 20.11(a), Business & Commerce Code, is   amended to read as follows:          (a)  The attorney general may file a suit against a person   for:                (1)  injunctive relief to prevent or restrain a   violation of this chapter other than Subchapter F; or                (2)  a civil penalty in an amount not to exceed $2,000   for each violation of this chapter other than Subchapter F.          SECTION 4.  Section 20.12, Business & Commerce Code, is   amended to read as follows:          Sec. 20.12.  DECEPTIVE TRADE PRACTICE. A violation of this   chapter other than Subchapter F is a false, misleading, or   deceptive act or practice under Subchapter E, Chapter 17.          SECTION 5.  Section 20.13, Business & Commerce Code, is   amended to read as follows:          Sec. 20.13.  VENUE. An action brought under this chapter   other than Subchapter F shall be filed in a district court:                (1)  in Travis County;                (2)  in any county in which the violation occurred; or                (3)  in the county in which the victim resides,   regardless of whether the alleged violator has resided, worked, or   done business in the county in which the victim resides.          SECTION 6.  Chapter 20, Business & Commerce Code, is amended   by adding Subchapter F to read as follows:   SUBCHAPTER F. PROHIBITED REPORTING OF CERTAIN MEDICAL DEBT          Sec. 20.51.  DEFINITIONS. In this subchapter:                (1)  "Nonemergency medical care" means any health care   services that are not emergency care as defined by Section   1301.155(a), Insurance Code.                (2)  "Health care provider" has the meaning assigned by   Section 1452.101, Insurance Code.          Sec. 20.52.  REPORTING OF INFORMATION RELATED TO DEBT   ARISING FROM NONEMERGENCY MEDICAL CARE; TIME FOR REPORTING. (a) A   health care provider or other person may not provide to a consumer   reporting agency information regarding an amount unpaid by a   consumer for nonemergency medical care provided to the consumer or   a person to whom the consumer has a legal obligation to provide   support unless:                (1)  the consumer or the consumer's guardian or other   legal representative is presented with and signs at the time of   receipt a disclosure form concerning the medical charges as   prescribed by Subsection (b) before the medical care is provided;   and                (2)  the information is provided to the agency at least   180 days after the date the consumer receives the medical bill for   the charges.          (b)  The executive commissioner of the Health and Human   Services Commission by rule shall prescribe the form and content of   the disclosure required by this section and the Department of State   Health Services shall publish the disclosure form on the   department's Internet website. The disclosure form must be in   plain language and include:                (1)  an itemized statement of the amounts to be billed   for the nonemergency medical care;                (2)  an explanation of the restrictions on providing   information under Subsection (a); and                (3)  any other information the department considers   necessary.          SECTION 7.  Subchapter F, Chapter 20, Business & Commerce   Code, as added by this Act, applies only to information provided to   a consumer reporting agency on or after the effective date of this   Act. The provision of information to a consumer reporting agency   before the effective date of this Act is governed by the law in   effect when the information was provided, and the former law is   continued in effect for that purpose.          SECTION 8.  This Act takes effect September 1, 2017.