Amendments for HB22-1285

House Journal, April 13
46 HB22-1285 be amended as follows, and as so amended, be referred to
47 the Committee of the Whole with favorable
48 recommendation:
49
50 Amend printed bill, page 4, line 17, before "COMPLIANCE" insert
51 "MATERIAL".
52
53 Page 4, line 24, before "COMPLIANCE" insert "MATERIAL".
54
55 Page 6, line 2, before "COMPLIANCE" insert "MATERIAL".
1 Page 6, strike lines 26 and 27.
2
3 Page 7, strike lines 1 through 5.
4
5 Renumber succeeding sections accordingly.
6
7 Page 7, strike lines 6 through 13.
8
9 Renumber succeeding section accordingly.
10
11

House Journal, April 22
16 Amendment No. 1, Health & Insurance Report, dated April 13, 2022, and
17 placed in member’s bill file; Report also printed in House Journal,
18 April 14, 2022.
19
20 Amendment No. 2, by Representative Esgar.
21
22 Amend printed bill, page 4, strike line 27.
23
24 Page 5, strike lines 1 and 2 and substitute "GUARANTOR BY REFERRING THE
25 DEBT, DIRECTLY OR INDIRECTLY, TO A DEBT COLLECTOR, A COLLECTION
26 AGENCY, OR OTHER".
27
28 Page 6, strike lines 7 through 9 and substitute:
29
30 "(2) IF A PATIENT BELIEVES THAT A HOSPITAL WAS NOT IN
31 MATERIAL COMPLIANCE WITH HOSPITAL PRICE TRANSPARENCY LAWS ON
32 A DATE ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION THAT ITEMS
33 OR SERVICES WERE PURCHASED BY OR PROVIDED TO THE PATIENT, AND THE
34 HOSPITAL TAKES A COLLECTION ACTION AGAINST THE PATIENT OR PATIENT
35 GUARANTOR, THE PATIENT OR PATIENT GUARANTOR MAY FILE SUIT TO
36 DETERMINE IF THE HOSPITAL WAS MATERIALLY OUT OF COMPLIANCE WITH
37 THE HOSPITAL PRICE TRANSPARENCY LAWS AND RULES AND REGULATIONS
38 ON THE DATE OF SERVICE. THE HOSPITAL SHALL NOT TAKE A COLLECTION
39 ACTION AGAINST THE PATIENT OR PATIENT GUARANTOR WHILE THE
40 LAWSUIT IS PENDING.
41 (3) A HOSPITAL THAT HAS BEEN FOUND BY A JUDGE OR JURY,
42 CONSIDERING COMPLIANCE STANDARDS ISSUED BY THE FEDERAL CENTERS
43 FOR MEDICARE AND MEDICAID SERVICES, TO BE MATERIALLY OUT OF
44 COMPLIANCE WITH HOSPITAL PRICE TRANSPARENCY LAWS AND RULES AND
45 REGULATIONS:".
46
47 Renumber succeeding subsection accordingly.
48
49
50 Amendment No. 3, by Representative Esgar.
51
52 Amend printed bill, page 5, strike lines 8 through 10 and substitute "A
53 CONSUMER REPORTING AGENCY.
54
1 (2) "COLLECTION AGENCY" MEANS ANY:
2 (a) PERSON WHO ENGAGES IN A BUSINESS THE PRINCIPAL PURPOSE
3 OF WHICH IS THE COLLECTION OF DEBTS; OR
4 (b) PERSON WHO:
5 (I) REGULARLY COLLECTS OR ATTEMPTS TO COLLECT, DIRECTLY
6 OR INDIRECTLY, DEBTS OWED OR DUE OR ASSERTED TO BE OWED OR DUE
7 TO ANOTHER;
8 (II) TAKES ASSIGNMENT OF DEBTS FOR COLLECTION PURPOSES; OR
9 (III) DIRECTLY OR INDIRECTLY SOLICITS FOR COLLECTION DEBTS
10 OWED OR DUE OR ASSERTED TO BE OWED OR DUE TO ANOTHER.
11 (3) (a) "CONSUMER REPORTING AGENCY" MEANS ANY PERSON
12 THAT, FOR MONETARY FEES, DUES, OR ON A COOPERATIVE NONPROFIT
13 BASIS, REGULARLY ENGAGES, IN WHOLE OR IN PART, IN THE PRACTICE OF
14 ASSEMBLING OR EVALUATING CONSUMER CREDIT INFORMATION OR OTHER
15 INFORMATION ON CONSUMERS FOR THE PURPOSE OF FURNISHING
16 CONSUMER REPORTS TO THIRD PARTIES. "CONSUMER REPORTING AGENCY"
17 INCLUDES ANY PERSON DEFINED IN 15 U.S.C. sec. 1681a (f) OR SECTION
18 5-18-103 (4).
19 (b) "CONSUMER REPORTING AGENCY" DOES NOT INCLUDE ANY
20 BUSINESS ENTITY THAT PROVIDES CHECK VERIFICATION OR CHECK
21 GUARANTEE SERVICES ONLY.
22 (4) (a) "DEBT" MEANS ANY OBLIGATION OR ALLEGED OBLIGATION
23 OF A CONSUMER TO PAY MONEY ARISING OUT OF A TRANSACTION,
24 WHETHER OR NOT THE OBLIGATION HAS BEEN REDUCED TO JUDGMENT.
25 (b) "DEBT" DOES NOT INCLUDE A DEBT FOR BUSINESS,
26 INVESTMENT, COMMERCIAL, OR AGRICULTURAL PURPOSES OR A DEBT
27 INCURRED BY A BUSINESS.
28 (5) "DEBT COLLECTOR" MEANS ANY PERSON EMPLOYED OR
29 ENGAGED BY A COLLECTION AGENCY TO PERFORM THE COLLECTION OF
30 DEBTS OWED OR DUE OR ASSERTED TO BE OWED OR DUE TO ANOTHER.".
31
32 Renumber succeeding subsections accordingly.
33
34 Amendment No. 4, by Representative Catlin.
35
36 Amend printed bill, page 5, line 27, strike "(1) ON" and substitute
37 "(1) (a) EXCEPT AS PROVIDED IN SUBSECTION (1)(b) OF THIS SECTION, ON".
38
39 Page 6, after line 6 insert:
40
41 "(b) THIS PART 8 APPLIES, ON AND AFTER FEBRUARY 15, 2023, TO
42 CRITICAL ACCESS HOSPITALS LICENSED AND CERTIFIED BY THE
43 DEPARTMENT PURSUANT TO 42 CFR 485 SUBPART F.".
44
45 As amended, ordered engrossed and placed on the Calendar for Third
46 Reading and Final Passage.
47

House Journal, April 26
52 Amend engrossed bill, page 5, line 8, after "(2)" insert "(a)".
53
54 Page 5, line 9, strike "(a)" and substitute "(I)".
55
1 Page 5, line 11, strike "(b)" and substitute "(II)".
2
3 Page 5, line 12, strike "(I)" and substitute "(A)".
4
5 Page 5, line 15, strike "(II)" and substitute "(B)", and strike "OR".
6
7 Page 5, line 16, strike "(III)" and substitute "(C)".
8
9 Page 5, line 17, strike "ANOTHER." and substitute "ANOTHER; OR
10 (D) COLLECTS DEBT FOR THE DEPARTMENT OF PERSONNEL.
11 (b) "COLLECTION AGENCY" DOES NOT INCLUDE:
12 (I) ANY OFFICER OR EMPLOYEE OF A CREDITOR WHILE, IN THE
13 NAME OF THE CREDITOR, COLLECTING DEBTS FOR SUCH CREDITOR;
14 (II) ANY PERSON WHILE ACTING AS A COLLECTION AGENCY FOR
15 ANOTHER PERSON, BOTH OF WHOM ARE RELATED BY COMMON OWNERSHIP
16 OR AFFILIATED BY CORPORATE CONTROL, IF THE PERSON ACTING AS A
17 COLLECTION AGENCY DOES SO ONLY FOR CREDITORS TO WHOM IT IS SO
18 RELATED OR AFFILIATED AND IF THE PRINCIPAL BUSINESS OF THE PERSON
19 IS NOT THE COLLECTION OF DEBTS;
20 (III) ANY OFFICER OR EMPLOYEE OF THE UNITED STATES OR ANY
21 STATE TO THE EXTENT THAT COLLECTING OR ATTEMPTING TO COLLECT
22 ANY DEBT IS IN THE PERFORMANCE OF THE OFFICER'S OR EMPLOYEE'S
23 OFFICIAL DUTIES;
24 (IV) ANY PERSON WHILE SERVING OR ATTEMPTING TO SERVE
25 LEGAL PROCESS ON ANY OTHER PERSON IN CONNECTION WITH THE
26 JUDICIAL ENFORCEMENT OF ANY DEBT;
27 (V) ANY DEBT-MANAGEMENT SERVICES PROVIDER OPERATING IN
28 COMPLIANCE WITH OR EXEMPT FROM THE "UNIFORM DEBT-MANAGEMENT
29 SERVICES ACT", PART 2 OF ARTICLE 19 OF TITLE 5;
30 (VI) ANY PERSON COLLECTING OR ATTEMPTING TO COLLECT ANY
31 DEBT OWED OR DUE OR ASSERTED TO BE OWED OR DUE ANOTHER TO THE
32 EXTENT THAT:
33 (A) THE ACTIVITY IS INCIDENTAL TO A BONA FIDE FIDUCIARY
34 OBLIGATION OR A BONA FIDE ESCROW ARRANGEMENT;
35 (B) THE ACTIVITY CONCERNS A DEBT THAT WAS EXTENDED BY THE
36 PERSON;
37 (C) THE ACTIVITY CONCERNS A DEBT THAT WAS NOT IN DEFAULT
38 AT THE TIME IT WAS OBTAINED BY THE PERSON; OR
39 (D) THE ACTIVITY CONCERNS A DEBT OBTAINED BY THE PERSON AS
40 A SECURED PARTY IN A COMMERCIAL CREDIT TRANSACTION INVOLVING
41 THE CREDITOR;
42 (VII) ANY PERSON WHOSE PRINCIPAL BUSINESS IS THE MAKING OF
43 LOANS OR THE SERVICING OF DEBT NOT IN DEFAULT AND WHO ACTS AS A
44 LOAN CORRESPONDENT, SELLER AND SERVICER FOR THE OWNER, OR
45 HOLDER OF A DEBT THAT IS SECURED BY A DEED OF TRUST ON REAL
46 PROPERTY WHETHER OR NOT THE DEBT IS ALSO SECURED BY AN INTEREST
47 IN PERSONAL PROPERTY;
48 (VIII) A LIMITED GAMING OR RACING LICENSEE ACTING PURSUANT
49 TO ARTICLE 33 OF TITLE 44.
50 (c) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (2)(b) OF
51 THIS SECTION, "COLLECTION AGENCY" INCLUDES ANY PERSON WHO, IN THE
52 PROCESS OF COLLECTING THE PERSON'S OWN DEBTS, USES ANOTHER NAME
53 THAT WOULD INDICATE THAT A THIRD PERSON IS COLLECTING OR
54 ATTEMPTING TO COLLECT SUCH DEBTS.".
55
1 The amendment was declared passed by the following roll call vote:
2
3 YES 64 NO 0 EXCUSED 1 ABSENT
4 Amabile Y Exum Y Lynch Y Sirota Y
5 Bacon Y Froelich Y McCluskie Y Snyder Y
6 Baisley Y Geitner Y McCormick Y Soper Y
7 Benavidez Y Gonzales-Gutierrez Y McKean Y Sullivan Y
8 Bernett Y Gray Y McLachlan Y Tipper Y
9 Bird Y Hanks Y Michaelson Jenet Y Titone Y
10 Bockenfeld Y Herod Y Mullica Y Valdez A. Y
11 Boesenecker Y Holtorf Y Neville Y Valdez D. Y
12 Bradfield Y Hooton Y Ortiz Y Van Beber Y
13 Caraveo Y Jodeh Y Pelton Y Van Winkle Y
14 Carver Y Kennedy Y Pico Y Weissman Y
15 Catlin Y Kipp Y Ransom Y Will Y
16 Cutter Y Larson Y Rich Y Williams E
17 Daugherty Y Lindsay Y Ricks Y Woodrow Y
18 Duran Y Lontine Y Roberts Y Woog Y
19 Esgar Y Luck Y Sandridge Y Young Y
20 Speaker Y
21
22 The question being, "Shall the bill, as amended, pass?".
23 A roll call vote was taken. As shown by the following recorded vote, a
24 majority of those elected to the House voted in the affirmative, and the
25 bill, as amended, was declared passed.
26
27 YES 63 NO 1 EXCUSED 1 ABSENT
28 Amabile Y Exum Y Lynch Y Sirota Y
29 Bacon Y Froelich Y McCluskie Y Snyder Y
30 Baisley Y Geitner Y McCormick Y Soper Y
31 Benavidez Y Gonzales-Gutierrez Y McKean Y Sullivan Y
32 Bernett Y Gray Y McLachlan Y Tipper Y
33 Bird Y Hanks Y Michaelson Jenet Y Titone Y
34 Bockenfeld Y Herod Y Mullica Y Valdez A. Y
35 Boesenecker Y Holtorf Y Neville Y Valdez D. Y
36 Bradfield Y Hooton Y Ortiz Y Van Beber Y
37 Caraveo Y Jodeh Y Pelton Y Van Winkle Y
38 Carver Y Kennedy Y Pico Y Weissman Y
39 Catlin Y Kipp Y Ransom Y Will Y
40 Cutter Y Larson Y Rich N Williams E
41 Daugherty Y Lindsay Y Ricks Y Woodrow Y
42 Duran Y Lontine Y Roberts Y Woog Y
43 Esgar Y Luck Y Sandridge Y Young Y
44 Speaker Y
45 Co-sponsor(s) added: Representative(s) Amabile, Bernett, Bird, Boesenecker,
46 Carver, Duran, Herod, Jodeh, Kennedy, Kipp, Lindsay, Lontine, McCluskie,
47 McCormick, Michaelson Jenet, Ortiz, Pico, Roberts, Sirota, Snyder, Titone,
48 Valdez A., Van Winkle, Weissman, Speaker
49
50

Senate Journal, May 2
HB22-1285 by Representative(s) Neville and Esgar, Daugherty; also Senator(s) Moreno and Cooke--
Concerning a prohibition against a hospital taking certain debt collection actions against a
patient if the hospital is not in compliance with hospital price transparency laws.

Amendment No. 1(L.018), by Senators Cooke and Moreno.

Amend reengrossed bill, page 9, line 10, strike "SERVICE." and substitute
"SERVICE, AND THE NONCOMPLIANCE IS RELATED TO THE ITEMS OR SERVICES.".

As amended, ordered revised and placed on the calendar for third reading and final
passage.