Maine Code § 22-1718-J

Prohibition of collection actions for noncompliance with good faith estimate
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requirements for uninsured or self-pay patients
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms
have the following meanings.
A. "Collection action" means any of the following actions:
(1) Attempting to collect a debt from a patient or patient guarantor by referring the debt directly
or indirectly to a debt collector, collection agency or other 3rd party retained by or on behalf
of a health care entity;
(2) Suing the patient or patient guarantor or enforcing an arbitration or mediation clause in any
health care entity documents, including contracts, agreements, statements and bills; or
(3) Directly or indirectly causing a report to be made to a consumer reporting agency. [PL
2023, c. 584, Pt. A, §4 (NEW).]
B. "Collection agency" has the same meaning as "debt collector" has in Title 32, section 11002,
subsection 6. [PL 2023, c. 584, Pt. A, §4 (NEW).]
C. "Consumer reporting agency" means any person that, for monetary fees or dues or on a
cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or
evaluating consumer credit information or other information on consumers for the purpose of
furnishing consumer reports to 3rd parties. "Consumer reporting agency" includes any person
defined in 15 United States Code, Section 1681a(f). "Consumer reporting agency" does not include
any business entity that exclusively provides check verification or check guarantee services. [PL
2023, c. 584, Pt. A, §4 (NEW).]
D. "Health care entity" has the same meaning as in section 1718-B, subsection 1, paragraph B.
[PL 2023, c. 584, Pt. A, §4 (NEW).]
E. "Items or services" means all items and services, including individual items and services and
service packages, that are provided by a health care entity to a patient in connection with an
inpatient admission or an outpatient visit for which the patient is charged. [PL 2023, c. 584, Pt.
A, §4 (NEW).]
F. "Patient guarantor" means the individual held responsible for a patient's bill. [PL 2023, c. 584,
Pt. A, §4 (NEW).]
[PL 2023, c. 584, Pt. A, §4 (NEW).]
2. Failure to comply with good faith estimate requirements; relief from collection action. A
health care entity that has not provided a good faith estimate in material compliance with section
1718-C, subsection 1 on the date that items or services are purchased by a patient or provided to a
patient may not initiate or pursue a collection action against the patient or patient guarantor for a debt
owed for the items or services. Unless a health care entity can demonstrate that the health care entity
provided a good faith estimate to the patient as requested, the health care entity or hospital may not
further pursue a collection action against the patient or patient guarantor.
[PL 2023, c. 584, Pt. A, §4 (NEW).]

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