Comprehensive Consumer Data Privacy Laws
As the 2023 state legislative sessions kicked off, nearly 140 bills were introduced across the nation for consideration. Each of these bills would institute different layers of privacy changes. Of those, 25 called for comprehensive consumer data privacy changes. The trend continues to grow each year with a push toward the institution of these sweeping laws in more and more states.
Beginning with California's bill in 2018, a total of seven bills passed and were signed by their respective state's governor. Those states are: California, Virginia, Colorado, Utah, Connecticut, Iowa, and Indiana. Also, note that Tennessee and Montana have bills that are eligible for governor signature very soon. Please take note of each of these states. If you provide services to consumers in any of these states, we encourage you to fully review the enacted bill with your Legal, Compliance, and Information Security teams for any changes you may need to implement.
Consents for Technology Usage
Given the rising expense in such areas as postage and employee-related costs, Medult has implemented numerous technology-based collection tools that can maximize our efficiency and productivity, but consent Is key to implementation. Compliance is ready to review your current consent language to ensure optimization. If you want to verify that the necessary consent language is present for us to proactively and efficiently utilize these tools to maximize them on your behalf, please send us over your Intake forms for review. We will be happy to make recommendations that will strengthen the captured consent for you!
Consumer Protection for Medical Debt Collections Act
Federal Bill Watch and Advocacy Work
There is a new federal bill that Meduit is not only keeping a close eye on, but is also actively engaging in advocacy work against it with legislators. H.R.1773 was introduced on March 23, 2023. It seeks to amend the FDPCA to establish a timetable for the collection of medical debt by debt collectors as well as to amend the FCRA to prohibit the inclusion of debts related to medically necessary procedures, among other things.
Throughout the proposed bill, there are numerous inconsistencies, unreasonable delays to the timely payment of consumer debts, and many points that will cause confusion for the consumers it is designed to assist. As this newsletter is being published, Medult has Compliance and Operations leaders in Washington DC for three days’ worth of meetings with state and federal legislators to help the healthcare industry’s voice be heard surrounding this and other notable bills under consideration. We will continue to advocate for the best interests of our clients and their patients.
Disclosure
These are highlighted regulatory items that may affect the industry. All readers should discuss their specific practices and procedures with their legal counsel to ensure the best internal compliance on all accounts. Please note, we are not attorneys. The included items are not legal advice and should be construed as such.
Questions or want to discuss this further, please reach out to:
Jill Cloys, Director of Compliance (jill.cloys@ meduitrem.com) & Sydney Morris, Compliance Risk Analyst (sydney.morris@ meduitrem.com)