(a) “Consumer report” has the meaning given that term in 15 U.S.C. 1681a, as in effect on January 1, 2026.
(b) “Consumer reporting agency” has the meaning given that term in 15 U.S.C. 1681a, as in effect on January 1, 2026.
(c) “Debt collector” has the meaning given that term in ORS 646.639.
(d) “Financial assistance” means the written financial assistance policy described in ORS 442.610.
(e) “Hospital” has the meaning given that term in ORS 442.612.
(f) “Hospital-affiliated clinic” has the meaning given that term in ORS 442.612.
(g) “Medical debt” means a monetary obligation, including an amount that is not past due or that was paid in part or in full, that a resident of this state:
(A) Owes:
(i) To a person whose primary business is providing medical services, products or devices to individuals, or the person’s agent or assignee; or
(ii) On a credit card, if the credit card is issued under an open-end or a closed-end credit plan offered specifically for the payment of medical services, products or devices for individuals; and
(B) Incurred to pay for:
(i) Medical treatment other than cosmetic surgery that is not required for reconstruction following a patient’s trauma, injury, infection or disease;
(ii) Medical devices or supplies, including drugs or medications;
(iii) Patient care; or
(iv) Other medical services or products.
(h) “Nonprofit” has the meaning given that term in ORS 442.612.
(2) A hospital and a nonprofit hospital-affiliated clinic shall post the hospital’s financial assistance policy in the manner described in ORS 442.610 (3)(d).
(3) Upon the request of a patient or an individual who is authorized to act on behalf of a patient, a hospital or nonprofit hospital-affiliated clinic shall conduct a screening to determine if the patient qualifies for:
(a) Financial assistance under the hospital’s or nonprofit hospital-affiliated clinic’s financial assistance policy; or
(b) The state medical assistance program.
(4) Before transferring an unpaid charge for services to a debt collector or referring an unpaid charge for collection, a hospital or nonprofit hospital-affiliated clinic shall:
(a) Conduct a screening to determine if the patient qualifies for financial assistance as described in ORS 442.614 (1)(a)(A), if applicable; and
(b) Provide a copy of its financial assistance policy to the patient along with an application for financial assistance.
(5) A hospital or nonprofit hospital-affiliated clinic may conduct the screening described in subsections (3) and (4) of this section using commercially available services, software or online tools.
(6) As a condition for providing financial assistance, a hospital may require a patient to:
(a) Respond to requests from the patient’s primary insurer as necessary for the insurer to adjudicate a claim for reimbursement of the cost of services; and
(b) Provide information concerning any potential third party liability for the cost of services including but not limited to:
(A) Information about the coordination of benefits between insurers that cover the patient’s care;
(B) Accident reports; and
(C) The patient’s workers’ compensation claims or benefits.
(7) If a patient qualifies for financial assistance under ORS 442.614 (1)(a)(A), a hospital, nonprofit hospital-affiliated clinic or other debt collector may not charge interest on the patient’s medical debt.
(8)(a) Except as provided in paragraph (b) of this subsection, the interest that a hospital, nonprofit hospital-affiliated clinic or other debt collector may charge on a medical debt owed by a patient who does not qualify for financial assistance under ORS 442.614 (1)(a)(A) may not exceed the weekly average one-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the week preceding the date when the patient was first billed, except that the interest may not be less than two percent per annum or more than five percent per annum.
(b) Upon entry of a judgment against a patient described in paragraph (a) of this subsection, a hospital, nonprofit hospital-affiliated clinic or other debt collector may increase the interest charged on a medical debt up to the amount specified in ORS 82.010.
(9) A hospital, nonprofit hospital-affiliated clinic or other debt collector may not attempt to collect a medical debt from a patient’s child or other family member who is not financially responsible for the debt under ORS chapter 108.
(10) A hospital, nonprofit hospital-affiliated clinic or other debt collector engages in an unlawful debt collection practice under ORS 646.639 if the hospital, nonprofit hospital-affiliated clinic or debt collector collects or attempts to collect a medical debt in a manner that the hospital, nonprofit hospital-affiliated clinic or other debt collector knows, or after exercising reasonable diligence would know, is in violation of this section.
(11)(a) A person may not report to a consumer reporting agency the amount or existence of any medical debt that a resident of this state owes or is alleged to owe.
(b) A violation of paragraph (a) of this subsection is an unlawful practice under ORS 646.608.
(c) In an action under paragraph (b) of this subsection, in addition to any other relief a court may grant, the court may declare the medical debt void and uncollectible.
(12) A consumer reporting agency may not include in a consumer report an item that the consumer reporting agency knows or reasonably should know is medical debt. A violation of this subsection is an unlawful practice under ORS 646.608. [2019 c.497 §4; 2021 c.96 §2; 2023 c.263 §4; 2025 c.343 §1]
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