Idaho Legislature Reviews Amendment to Idaho Patient Act

The amendment would allow health care providers to initiate extraordinary collection actions outside of time requirements in original bill.

2/11/2021 10:00 AM

AdvocacyNewsStateGovernment
Idaho Legislature Reviews Amendment to Idaho Patient Act

Changes to the Idaho Patient Act, which took effect Jan. 1, 2021, related to  extraordinary collection actions (ECAs) are under consideration by the Idaho legislature.

The law includes requirements on timing to submit a bill to a patient’s insurance company as well as interest rates and a cap on attorneys’ fees, ACA International previously reported.

It applies to extraordinary collection actions (ECAs) in connection with a patient’s debt, including, according to the law, prior to 60 days from the patient’s receipt of the final statement, selling, transferring or assigning any amount of a patient’s debt to any third party, or otherwise authorizing any third party to collect the debt in a name other than the name of the health care provider.

Essentially, the amendment under consideration this year allows that for medical goods or services provided prior to July 1, 2021, a health care provider that did not meet the timing requirements of Section 48-304 of the Idaho Code and then did not meet the backup timing requirements of Section 48-306 can nevertheless initiate an ECA for those medical goods or services if they satisfy the requirements of Section 48-304 that do not relate to timing, such as submitting charges to insurance (if any) or to the patient, a consolidated summary of charges and final statement of billing.

The health care provider must also satisfy the requirements of Section 48-306 of the Idaho Code that do not relate to timing, such as that the patient shall have no liability for costs, expenses and fees (including attorney’s fees).  

ECAs remain defined under the Idaho Patient Act as:

  • Prior to 60 days from the patient’s receipt of the final statement, selling, transferring or assigning any amount of a patient’s debt to any third-party, or otherwise authorizing any third-party to collect the debt in a name other than the name of the health care provider;
  • Reporting adverse information about the patient to a consumer reporting agency; or
  • Commencing any judicial or legal action or filing or recording any document in relation thereto, including but not limited to:
  • Placing a lien on a person's property or assets;
  • Attaching or seizing a person's bank account or any other personal property;
  • Initiating a civil action against any person; or
  • Garnishing an individual's wages.

The Idaho House of Representatives voted unanimously to approve the amendment Feb. 1 and it is pending consideration by the Idaho Senate Commerce and Human Resource Committee.

The amendment, if passed and signed by Idaho Gov. Brad Little, will take effect immediately.

The Idaho Patient Act was the subject of an ongoing grassroots campaign by the Idaho Collectors Association to educate key lawmakers about the potential impact of the requirements, ACA previously reported.


Follow ACA International on Twitter @ACAIntl and @acacollector, Facebook and request to join our LinkedIn group for news and event updates. ACA International members are welcome to submit news items for possible publication to comm@acainternational.org. Visit our publications page for news submission guidelines and subscriptions to ACA Daily, Collector magazine and Pulse.

Advertising is available for companies wishing to promote their products or services. Be sure to visit the ACA Events Calendar on the Education and Training page to view our listing of upcoming CORE Curriculum and Hot Topic seminars featuring critical educational opportunities for your company.


Subscribe to ACA Daily NEWSROOM

Idaho Legislature Reviews Amendment to Idaho Patient Act

Changes to the Idaho Patient Act, which took effect Jan. 1, 2021, related to  extraordinary collection actions (ECAs) are under consideration by the Idaho legislature.

The law includes requirements on timing to submit a bill to a patient’s insurance company as well as interest rates and a cap on attorneys’ fees, ACA International previously reported.

It applies to extraordinary collection actions (ECAs) in connection with a patient’s debt, including, according to the law, prior to 60 days from the patient’s receipt of the final statement, selling, transferring or assigning any amount of a patient’s debt to any third party, or otherwise authorizing any third party to collect the debt in a name other than the name of the health care provider.

Essentially, the amendment under consideration this year allows that for medical goods or services provided prior to July 1, 2021, a health care provider that did not meet the timing requirements of Section 48-304 of the Idaho Code and then did not meet the backup timing requirements of Section 48-306 can nevertheless initiate an ECA for those medical goods or services if they satisfy the requirements of Section 48-304 that do not relate to timing, such as submitting charges to insurance (if any) or to the patient, a consolidated summary of charges and final statement of billing.

The health care provider must also satisfy the requirements of Section 48-306 of the Idaho Code that do not relate to timing, such as that the patient shall have no liability for costs, expenses and fees (including attorney’s fees).  

ECAs remain defined under the Idaho Patient Act as:

  • Prior to 60 days from the patient’s receipt of the final statement, selling, transferring or assigning any amount of a patient’s debt to any third-party, or otherwise authorizing any third-party to collect the debt in a name other than the name of the health care provider;
  • Reporting adverse information about the patient to a consumer reporting agency; or
  • Commencing any judicial or legal action or filing or recording any document in relation thereto, including but not limited to:
  • Placing a lien on a person's property or assets;
  • Attaching or seizing a person's bank account or any other personal property;
  • Initiating a civil action against any person; or
  • Garnishing an individual's wages.

The Idaho House of Representatives voted unanimously to approve the amendment Feb. 1 and it is pending consideration by the Idaho Senate Commerce and Human Resource Committee.

The amendment, if passed and signed by Idaho Gov. Brad Little, will take effect immediately.

The Idaho Patient Act was the subject of an ongoing grassroots campaign by the Idaho Collectors Association to educate key lawmakers about the potential impact of the requirements, ACA previously reported.


Follow ACA International on Twitter @ACAIntl and @acacollector, Facebook and request to join our LinkedIn group for news and event updates. ACA International members are welcome to submit news items for possible publication to comm@acainternational.org. Visit our publications page for news submission guidelines and subscriptions to ACA Daily, Collector magazine and Pulse.

Advertising is available for companies wishing to promote their products or services. Be sure to visit the ACA Events Calendar on the Education and Training page to view our listing of upcoming CORE Curriculum and Hot Topic seminars featuring critical educational opportunities for your company.


Subscribe to ACA Daily NEWSROOM

Loading...

Loading...

Scroll to Top