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<chapter num="13" heading="Patient Rights and Obligations; Hospital Credit and Collection and Financial Assistance Policies" title_num="10" subtitle_num="37">
  <regulation prefix="Regulation" num=".01" heading="Definitions.">
    <paragraph num="A.">
      <text>In this chapter, the following terms have the meanings indicated.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Terms Defined.</text>
      <paragraph num="(1)">
        <text>“Credit and collection policy” means a hospital’s policy on the collection of medical debt.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Debt Collector.</text>
        <paragraph num="(a)">
          <text>“Debt collector” means a person who engages directly or indirectly in the business of:</text>
          <paragraph num="(i)">
            <text>Collecting for, or soliciting from another, medical debt;</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Giving, selling, attempting to give or sell to another, or using, for collection of medical debt, a series or system of forms or letters that indicates directly or indirectly that a person other than the hospital is asserting the medical debt; or</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>Employing the services of an individual or business to solicit or sell a collection system to be used for collection of medical debt.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(b)">
          <text>“Debt collector” includes a “collection agency” as defined in Business Regulation Article, §7-101, Annotated Code of Maryland.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(3)">
        <text>“Financial hardship” means medical debt, incurred by a family over a 12-month period, that exceeds 25 percent of family income.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>“Hospital” has the meaning stated in Health-General Article, §19- 301(f), Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(5)">
        <text>Hospital Services.</text>
        <paragraph num="(a)">
          <text>“Hospital services” means:</text>
          <paragraph num="(i)">
            <text>Inpatient hospital services as enumerated in 42 C.F.R. §409.10, as amended;</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Emergency services, including services provided at a freestanding medical facility licensed under Health Occupations Article, Title 19, Subtitle 3A, Annotated Code of Maryland</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>Outpatient services provided at a hospital as defined in COMAR 10.37.10.07-2;</text>
          </paragraph>
          <paragraph num="(iv)">
            <text>Outpatient services, as specified by the Commission in COMAR 10.37.10.07-2, provided at a freestanding medical facility licensed under Health-General Article, Title 19, Subtitle 3A, Health-General Article, Annotated Code of Maryland that has received a certificate of need under Health-General Article, §19–120(o)(1), Annotated Code of Maryland, or an exemption from obtaining a certificate of need under Health-General Article, §19–120(o)(3), Annotated Code of Maryland; and</text>
          </paragraph>
          <paragraph num="(v)">
            <text>Identified physician services for which a facility has Commission–approved rates on June 30, 1985.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(b)">
          <text>“Hospital services” includes a hospital outpatient service:</text>
          <paragraph num="(i)">
            <text>Of a hospital that, on or before June 1, 2015, is under a merged asset hospital system;</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>That is designated as a part of another hospital under the same merged asset hospital system to make it possible for the hospital outpatient service to participate in the 340B Program under the federal Public Health Service Act; and</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>That complies with all federal requirements for the 340B Program and applicable provisions of 42 C.F.R. §413.65.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(c)">
          <text>“Hospital services” does not include:</text>
          <paragraph num="(i)">
            <text>Outpatient renal dialysis services;</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Outpatient services provided at a limited service hospital as defined in Health-General Article, §19–301, Annotated Code of Maryland except for emergency services; or</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>Physician services that are billed separately.</text>
          </paragraph>
        </paragraph>
      </paragraph>
      <paragraph num="(6)">
        <text>Household.</text>
        <paragraph num="(a)">
          <text>“Household” means, at a minimum, for an adult patient, the patient and the following individuals that live in the same dwelling:</text>
          <paragraph num="(i)">
            <text>A spouse, regardless of whether the patient and spouse expect to file a joint federal or State tax return;</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Biological children, adopted children, or stepchildren; and</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>All individuals on the same federal or State tax return, including anyone for whom the patient claims a personal exemption in a federal or State tax return.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(b)">
          <text>“Household” means, at a minimum, for a patient who is a child, the patient and the following individuals that live in the same dwelling:</text>
          <paragraph num="(i)">
            <text>Biological parents, adoptive parents, stepparents, or guardians;</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Biological siblings, adopted siblings, or step siblings; and</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>All individuals on the same federal or State tax return, including anyone for whom the patient’s parents or guardians claim a personal exemption in a federal or State tax return.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(c)">
          <text>The terms "household” and “family” are synonymous for the purposes of this chapter.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(7)">
        <text>Income.</text>
        <paragraph num="(a)">
          <text>“Income” means total taxable income, before taxes.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>“Income” includes:</text>
          <paragraph num="(i)">
            <text>If a hospital uses state or federal tax returns to verify income, the adjustments listed on Schedule 1 of Form 1040; and</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>If a hospital utilizes an asset test, the value of household monetary assets, consistent with Regulation 06J of this chapter.</text>
          </paragraph>
        </paragraph>
      </paragraph>
      <paragraph num="(8)">
        <text>“Initial bill” means the first billing statement provided to an individual by a hospital after the care, whether inpatient or outpatient, is provided and the individual has left the hospital.</text>
      </paragraph>
      <paragraph num="(9)">
        <text>“Medical debt” means out-of-pocket expenses, including co-payments, coinsurance, and deductibles, for hospital services that are regulated by the Commission that are billed to a patient or a co-signer for the patient, excluding amounts contractually paid by another payer such as insurers, including Medicare, Medicaid, or CHIP.</text>
      </paragraph>
      <paragraph num="(10)">
        <text>“Medically necessary care” including care provided in accordance with the Emergency Medical Treatment and Labor Act of 1986), means care that is:</text>
        <paragraph num="(a)">
          <text>Directly related to diagnostic, preventative, curative, palliative, rehabilitative, or ameliorative treatment of an illness, injury, disability or health condition;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Consistent with current accepted standards of good medical practice; and</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Not primarily for the convenience of the patient, the patient’s family, or the provider.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(11)">
        <text>Monetary Assets.</text>
        <paragraph num="(a)">
          <text>“Monetary assets” means assets in excess of $100,000 that can readily be converted into a fixed or precisely determinable amount of money, including cash and cash equivalents.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>“Monetary assets” include cash on hand, bank deposits, investment accounts, accounts receivable, and notes receivable.</text>
        </paragraph>
        <paragraph num="(c)">
          <text>“Monetary assets” do not include retirement assets to which the Internal Revenue Service has granted preferential tax treatment, including deferred–compensation plans qualified under the Internal Revenue Code or nonqualified deferred–compensation plans.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(12)">
        <text>Payment Plan.</text>
        <paragraph num="(a)">
          <text>“Payment plan” means an agreement between a patient, or a guarantor, to pay for a hospital service over a period of time.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>“Payment plan” includes:</text>
          <paragraph num="(i)">
            <text>An “income-based payment plan” set forth in Regulation .05 of this chapter; and</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>A “non-income-based payment plan” set forth in Regulation .05W of this chapter.</text>
          </paragraph>
        </paragraph>
      </paragraph>
      <paragraph num="(13)">
        <text>“Qualified Maryland resident” means someone who lives in Maryland for more than 6 months of the year or whose primary residence is in Maryland, including those in Maryland for school or work.</text>
      </paragraph>
      <paragraph num="(14)">
        <text>Written.</text>
        <paragraph num="(a)">
          <text>“Written” means communications in paper form and communications delivered electronically, including through electronic mail, a secure web, or mobile based application such as a patient portal.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>“Written” does not include oral communications, including communications delivered by phone.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Electronic Delivery of Written Communications.">
    <paragraph num="A.">
      <text>A patient may opt out of receiving written communications required by Regulations .03—.08 of this chapter through electronic delivery methods, such as through email or a patient portal.</text>
    </paragraph>
    <paragraph num="B.">
      <text>A hospital or debt collector who communicates with a patient electronically must include in such communication, or attempt to communicate, a clear and conspicuous statement describing a reasonable and simple method by which the patient can opt out of further electronic communications by the hospital or debt collector.</text>
    </paragraph>
    <paragraph num="C.">
      <text>A hospital or debt collector may not require, directly or indirectly, that the patient, in order to opt out of electronic communication, pay any fee or provide any information other than:</text>
      <paragraph num="(1)">
        <text>The patient’s opt out preferences; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The email address, telephone number for text messages, or other electronic-medium address subject to the opt-out request.</text>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>If a hospital or debt collector receives notice from a patient that the patient is opting out of receiving written communications through electronic delivery methods, the hospital or the debt collector:</text>
      <paragraph num="(1)">
        <text>May not provide the written communications required by Regulations .03—.08 of this chapter through electronic delivery methods; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Shall deliver the written communications through non-electronic delivery methods.</text>
      </paragraph>
    </paragraph>
    <paragraph num="E.">
      <text>Notice of Patient Opting Out of Written Communications.</text>
      <paragraph num="(1)">
        <text>If a hospital receives notice from a patient that the patient is opting out of receiving written communications through electronic delivery methods, and the hospital uses a debt collector with respect to that patient, the hospital shall immediately inform the debt collector that the patient is opting out of electronic delivery methods.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>If a debt collector receives notice from a patient that the patient is opting out of receiving written communications through electronic delivery methods, the debt collector shall immediately inform the hospital that controls that patient account that the patient is opting out of electronic delivery methods.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Hospital Information Sheet.">
    <paragraph num="A.">
      <text>Each hospital shall develop an information sheet that:</text>
      <paragraph num="(1)">
        <text>Describes clearly:</text>
        <paragraph num="(a)">
          <text>The hospital's financial assistance policy as required in Regulation .06 of this chapter and Health-General Article, §19-214.1, Annotated Code of Maryland; and</text>
        </paragraph>
        <paragraph num="(b)">
          <text>A patient's legal rights and obligations with regard to hospital billing and collection;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>Informs the patient, the patient’s family, the patient’s authorized representative, or the patient’s legal guardian:</text>
        <paragraph num="(a)">
          <text>That the hospital is permitted to bill outpatients a fee, commonly referred to as a facility fee, for their use of hospital facilities, clinics, supplies, and equipment, and nonphysician services, including but not limited to the services of nonphysician clinicians, in addition to physician fees billed for professional services provided in the hospital;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Of the patient’s right to request and receive a written estimate of the total charges for the hospital non-emergency services, procedures, and supplies that reasonably are expected to be provided and billed for by the hospital, in addition to the good faith estimate requirements in 42 U.S.C §2799B-6, the No Surprises Act;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Of the patient’s right to file a complaint with the Commission or jointly with the Health Education and Advocacy Unit of the Maryland Attorney General’s Office against a hospital for an alleged violation of Health-General Article, §§19-214.1 and 19-214.2, Annotated Code of Maryland;</text>
        </paragraph>
        <paragraph num="(d)">
          <text>Of the availability of an income-based payment plan; and</text>
        </paragraph>
        <paragraph num="(e)">
          <text>That physician charges, to both hospital inpatients and outpatients, are generally not included in the hospital bill and are billed separately;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(3)">
        <text>Provides contact information for:</text>
        <paragraph num="(a)">
          <text>The individual or office at the hospital that is available to assist the patient, the patient's family, or the patient's authorized representative in order to understand:</text>
          <paragraph num="(i)">
            <text>The patient's hospital bill;</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>The patient’s rights and obligations with regard to the hospital bill, including the patient’s rights and obligations with regard to reduced-cost medically necessary care due to a financial hardship;</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>How to apply for financial assistance;</text>
          </paragraph>
          <paragraph num="(iv)">
            <text>How to apply for the Maryland Medical Assistance Program and any other programs that may help pay the bill; and</text>
          </paragraph>
          <paragraph num="(v)">
            <text>How to apply for a payment plan;</text>
          </paragraph>
        </paragraph>
        <paragraph num="(b)">
          <text>The Maryland Medical Assistance Program;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Filing a complaint with the Commission or jointly with the Health Education and Advocacy Unit of the Maryland Attorney General’s Office against a hospital for an alleged violation of Health-General Article, §§19-214.1 and 19-214.2, Annotated Code of Maryland; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(4)">
        <text>Includes a section that allows the patient to initial that the patient has been made aware of the financial assistance policy.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>The information sheet shall be written in:</text>
      <paragraph num="(1)">
        <text>Simplified language;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>At least 12-point type; and</text>
      </paragraph>
      <paragraph num="(3)">
        <text>The patient’s preferred language or, if no preferred language is specified, each language spoken by a limited English proficient population that constitutes at least 5 percent of the overall population within the city or county in which the hospital is located as measured by the most recent census.</text>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>The information sheet shall conform with Health-General Article, §19–342(d)(7) and (10), Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="D.">
      <text>The information sheet shall be provided in writing to the patient, the patient’s family, the patient’s authorized representative, or the patient’s legal guardian:</text>
      <paragraph num="(1)">
        <text>Before the patient receives scheduled medical services;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Before discharge;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>With the hospital bill;</text>
      </paragraph>
      <paragraph num="(4)">
        <text>On request; and</text>
      </paragraph>
      <paragraph num="(5)">
        <text>In each written communication to the patient regarding collection of the hospital bill.</text>
      </paragraph>
    </paragraph>
    <paragraph num="E.">
      <text>The hospital bill shall include a reference to the information sheet.</text>
    </paragraph>
    <paragraph num="F.">
      <text>The Commission shall:</text>
      <paragraph num="(1)">
        <text>Establish uniform requirements for the information sheet; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Review each hospital's implementation of and compliance with the requirements of this regulation.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".04" heading="Hospital Credit and Collection Responsibilities.">
    <paragraph num="A.">
      <text>Each hospital shall submit to the Commission, at times prescribed by the Commission, the hospital's credit and collection policy.</text>
    </paragraph>
    <paragraph num="B.">
      <text>The policy shall:</text>
      <paragraph num="(1)">
        <text>Provide for active oversight by the hospital of any contract for collection of debts on behalf of the hospital;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Prohibit the hospital from selling any debt, except as permitted by Health-General Article, §19–214.2(m), Annotated Code of Maryland and §O of this regulation;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Prohibit the hospital from:</text>
        <paragraph num="(a)">
          <text>Engaging in collection activities on 100 percent of the outstanding amount of the Commission-set charge for debt sold under §O of this regulation and Health-General Article, §19-214.2(m), Annotated Code of Maryland; and</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Collecting on judgments entered into on patient debt that was sold under §O of this regulation and Health-General Article, §19-214.2(m), Annotated Code of Maryland;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Reporting adverse information to a consumer reporting agency;</text>
        </paragraph>
        <paragraph num="(d)">
          <text>Filing a civil action to collect a debt against a patient within 240 days after the initial bill is provided;</text>
        </paragraph>
        <paragraph num="(e)">
          <text>Filing a civil action to collect a debt against a patient whose outstanding hospital medical debt is at or below $500;</text>
        </paragraph>
        <paragraph num="(f)">
          <text>Forcing the sale or foreclosure of a patient’s primary residence to collect medical debt;</text>
        </paragraph>
        <paragraph num="(g)">
          <text>Requesting a lien against a patient’s primary residence in an action to collect medical debt;</text>
        </paragraph>
        <paragraph num="(h)">
          <text>Requesting the issuance of or otherwise knowingly taking action that would cause a court to issue a body attachment against a patient or an arrest warrant against a patient, if the hospital files an action to collect medical debt; and</text>
        </paragraph>
        <paragraph num="(i)">
          <text>Requesting a writ of garnishment of wages or filing an action that would result in an attachment of wages against a patient to collect medical debt if the patient is eligible for free or reduced-cost medically necessary care, in accordance with Regulation .06 of this chapter and Health-General Article, §19-214.1, Annotated Code of Maryland;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(4)">
        <text>In accordance with Health-General Article, §19-214.2(c), Annotated Code of Maryland and §G of this regulation, provide for a refund of amounts collected from a patient or the guarantor of a patient who was later found to be eligible for free medically necessary care within 240 days after the initial bill was provided under Health General Article, §19-214.1, Annotated Code of Maryland and §G of this regulation;</text>
      </paragraph>
      <paragraph num="(5)">
        <text>If the hospital has obtained a judgment against or had reported adverse information to a consumer reporting agency about a patient who later was found to be eligible for free medically necessary care, in accordance with Regulation .06 of this chapter and Health-General Article, §19-214.1, Annotated Code of Maryland, within 240 days after the initial bill was provided, require the hospital to seek to vacate the judgment or strike the adverse information;</text>
      </paragraph>
      <paragraph num="(6)">
        <text>Provide a mechanism for a patient to:</text>
        <paragraph num="(a)">
          <text>Request the hospital to reconsider the denial of free or reduced–cost care; and</text>
        </paragraph>
        <paragraph num="(b)">
          <text>File with the hospital a complaint against the hospital or a debt collector used by the hospital regarding the handling of the patient’s bill;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(7)">
        <text>For a patient who is eligible for free or reduced cost-care under the hospital’s financial assistance policy, prohibit the hospital from:</text>
        <paragraph num="(a)">
          <text>Charging interest on the debt owed on a bill for the patient before a court judgement is obtained; or</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Collecting fees or any other amount that exceeds the approved charge for the hospital service as established by the Commission;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(8)">
        <text>Establish a process for making payment plans available to all patients in accordance with Regulation .05 of this chapter and Health-General Article, §19-214.2(e)(3), Annotated Code of Maryland;</text>
      </paragraph>
      <paragraph num="(9)">
        <text>Provide detailed procedures for the following actions:</text>
        <paragraph num="(a)">
          <text>When garnishments may be applied to a patient’s or patient guarantor’s income in accordance with §I of this regulation and Health-General Article, §19-214.2(f)(4), Annotated Code of Maryland;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>When a lien on a patient’s or patient guarantor’s personal residence, excluding a primary resident in accordance with §I of this regulation and Health-General Article, §19-214.2(g)(2), Annotated Code of Maryland, or motor vehicle may be placed;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>The hospital's procedures for collecting any medical debt, consistent this regulation;</text>
        </paragraph>
        <paragraph num="(d)">
          <text>The circumstances in which the hospital will seek a judgment against a patient for the patient’s medical debt, subject to §I of this regulation and Health-General Article, §19–214.2, Annotated Code of Maryland;</text>
        </paragraph>
        <paragraph num="(e)">
          <text>The consideration by the hospital of patient income, assets, and other criteria set forth in this regulation; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(10)">
        <text>Comply with Health-General Article, §24-2502, Annotated Code of Maryland.</text>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>Consistent with Health-General Article, §19-214.2(e)(5), Annotated Code of Maryland, a hospital shall demonstrate that it attempted in good faith to meet the requirements of Health-General Article, §19-214.2(e), Annotated Code of Maryland, and the Guidelines set forth in Regulation .05 of this chapter before the hospital:</text>
      <paragraph num="(1)">
        <text>Files an action to collect the patient’s medical debt; or</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Delegates collection activity to a debt collector for a patient’s medical debt.</text>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>The hospital shall be deemed to have demonstrated that it attempted to act in good faith under Health-General Article, §19-214.2(e)(5)(i)(2), Annotated Code of Maryland and §C(2) of this regulation if, before delegating collection of a patient’s medical debt to a debt collector, the hospital:</text>
      <paragraph num="(1)">
        <text>Provides the information sheet before the patient receives scheduled medical services and before discharge in accordance with Health-General Article, §19-214.2(e)(1) and (2), Annotated Code of Maryland, and in Regulation .03D(1) and (2) of this chapter; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Establishes a process for making payment plans available to all patients in accordance with Health-General Article, §19-214.2(e)(3), Annotated Code of Maryland and Regulation .05 of this chapter.</text>
      </paragraph>
    </paragraph>
    <paragraph num="E.">
      <text>In delegating any or all collection to a debt collector for a patient’s medical debt, the hospital may rely on a debt collector to engage in various activities, including:</text>
      <paragraph num="(1)">
        <text>Facilitating and servicing payment plans in accordance with the Guidelines, including receiving and forwarding any payments received under a payment plan approved by the hospital; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Such other activities as the hospital may direct in collecting and forwarding payments under a payment plan.</text>
      </paragraph>
    </paragraph>
    <paragraph num="F.">
      <text>A hospital may not seek legal action to collect a patient’s medical debt until the hospital has established and implemented a payment plan policy that complies with the Guidelines.</text>
    </paragraph>
    <paragraph num="G.">
      <text>As provided by Health-General Article, §19-214.2(c), Annotated Code of Maryland:</text>
      <paragraph num="(1)">
        <text>A hospital shall provide:</text>
        <paragraph num="(a)">
          <text>For a refund of amounts exceeding $25 collected from a patient or the guarantor of a patient who was found to be eligible for free medically necessary care within 240 days after the initial bill is provided to the patient; and</text>
        </paragraph>
        <paragraph num="(b)">
          <text>The refund to the patient not later than 30 days after determining that the patient was eligible for free medically necessary care.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>If a patient is enrolled in a means-tested government health care plan that requires the patient to pay out-of-pocket for hospital service, a hospital shall have a refund policy that complies with the terms of the patient’s plan.</text>
      </paragraph>
    </paragraph>
    <paragraph num="H.">
      <text>Consumer Reporting.</text>
      <paragraph num="(1)">
        <text>A hospital may not commence civil action against a patient for nonpayment or delegate collection activity to a debt collector, if the hospital:</text>
        <paragraph num="(a)">
          <text>Was notified in accordance with federal law by the patient or the insurance carrier that an appeal or a review of a health insurance decision is pending within the immediately preceding 60 days;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Is processing a requested reconsideration of the denial of free or reduced-cost medically necessary care under Regulation .06A(1)(c)(v) of this chapter and Health-General Article, §19-214.1(b)(2)(iv), Annotated Code of Maryland, that was appropriately completed by the patient or has completed the reconsideration within the immediately preceding 60 days; or</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Sold the debt under §O of this regulation and Health-General Article, §19-214.2(m).</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>A hospital shall comply with Health-General Article, §24-2502, Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>A hospital shall report the fulfillment of a patient’s payment obligation within 60 days after the obligation is fulfilled to any consumer reporting agency to which the hospital had reported adverse information about the patient, including if the debt was sold under §O of this regulation and Health-General Article, §19-214.2(m), Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Not later than November 1, 2025, a hospital that had reported adverse information about a patient to a consumer reporting agency shall instruct the consumer reporting agency to delete the adverse information about the patient.</text>
      </paragraph>
    </paragraph>
    <paragraph num="I.">
      <text>Civil Action.</text>
      <paragraph num="(1)">
        <text>Deceased Patients.</text>
        <paragraph num="(a)">
          <text>A hospital may not make a claim against the estate of a deceased patient to collect medical debt if the deceased patient was known by the hospital to be eligible for free medically necessary care, in accordance with Regulation .06 of this chapter and Health-General Article, §19-214.1, Annotated Code of Maryland, or if the value of the estate after tax obligations are fulfilled is less than half of the medical debt owed.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>A hospital may offer the family of the deceased patient the ability to apply for financial assistance.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>A hospital may not file an action to collect medical debt until the hospital determines whether the patient is eligible for free or reduced-cost medically necessary care under Regulation .06 of this chapter and Health-General Article, §19-214.1, Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>At least 45 days before filing an action against a patient to collect medical debt, but not within 240 days after the initial bill is provided, a hospital shall send written notice of the intent to file an action to the patient.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>The notice required in §I(3) of this regulation shall:</text>
        <paragraph num="(a)">
          <text>Be sent to the patient by certified mail and first class mail;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Be in simplified language;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Be in at least 12-point type;</text>
        </paragraph>
        <paragraph num="(d)">
          <text>Include:</text>
          <paragraph num="(i)">
            <text>The name and telephone number of the hospital, the debt collector, if applicable, and an agent of the hospital authorized to modify the terms of the payment plan, if any;</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>The amount required to cure the nonpayment of medical debt, including past due payments, interest, penalties, and fees;</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>A statement recommending that the patient seek debt counseling services;</text>
          </paragraph>
          <paragraph num="(iv)">
            <text>Telephone numbers and internet addresses of the Health Education Advocacy Unit of the Office of the Attorney General, available to assist patients experiencing medical debt; and</text>
          </paragraph>
          <paragraph num="(v)">
            <text>An explanation of the hospital's financial assistance policy;</text>
          </paragraph>
        </paragraph>
        <paragraph num="(e)">
          <text>Be provided in the patient’s preferred language or, if no preferred language is specified, English and each language spoken by a limited English proficient population that constitutes at least 5 percent of the population within the jurisdiction in which the hospital is located as measured by the most recent federal census; and</text>
        </paragraph>
        <paragraph num="(f)">
          <text>Be accompanied by:</text>
          <paragraph num="(i)">
            <text>An application for financial assistance under the hospital's financial assistance policy, along with instructions for completing the application for financial assistance, specific instructions about where to send the application, and the telephone number to call to confirm receipt of the application;</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Language explaining the availability of an income-based payment plan to satisfy the medical debt that is the subject of the hospital debt collection action; and</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>The information sheet required under Regulation .03 of this chapter and Health-General Article, §19-214.1(f), Annotated Code of Maryland.</text>
          </paragraph>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="J.">
      <text>Delegation of Collection to a Debt Collector. If a hospital delegates collection activity to a debt collector, the hospital shall:</text>
      <paragraph num="(1)">
        <text>Specify the collection activity to be performed by the debt collector through an explicit authorization or contract;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Require the debt collector to abide by the hospital’s credit and collection policy;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Specify procedures the debt collector must follow if a patient appears to qualify for financial assistance under Regulation .06 of this chapter and Health-General Article, §19-214.1, Annotated Code of Maryland; and</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Require the debt collector to:</text>
        <paragraph num="(a)">
          <text>In accordance with the hospital’s credit and collection policy, provide a mechanism for a patient to file with the hospital a complaint against the hospital or the debt collector regarding the handling of patient’s bill;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>If a patient files a complaint with the debt collector, forward the complaint to the hospital; and</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Along with the hospital, be jointly and severally responsible for meeting the requirements of this regulation, Regulation .06 of this chapter, and Health-General Article, §19-214.2, Annotated Code of Maryland.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="K.">
      <text>Consent to Assume Liability for Medical Debt.</text>
      <paragraph num="(1)">
        <text>A spouse or another individual may not be held liable for the medical debt of an individual 18 years old or older unless the individual voluntarily consents to assume liability for the patient’s medical debt.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The consent shall be:</text>
        <paragraph num="(a)">
          <text>Made on a separate document signed by the individual;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Not solicited in an emergency room or during an emergency situation; and</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Not required as a condition of providing emergency or non-emergency health care services.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="L.">
      <text>The Board of Directors of each hospital shall review and approve the hospital’s financial assistance policy required under Regulation .06 of this chapter and Health-General Article, §19-214.1, Annotated Code of Maryland and debt collection policy required under Regulation .04 of this chapter and Health-General Article, §19-214.2, Annotated Code of Maryland at least every 2 years. A hospital may not alter its financial assistance or credit and collection policies without approval of the Board of Directors.</text>
    </paragraph>
    <paragraph num="M.">
      <text>The Commission shall review each hospital's implementation of and compliance with the hospital's policy and the requirements of §B of this regulation.</text>
    </paragraph>
    <paragraph num="N.">
      <text>Reporting Requirements.</text>
      <paragraph num="(1)">
        <text>Each hospital shall annually submit to the Commission within 120 days after the end of each hospital’s fiscal year a report including:</text>
        <paragraph num="(a)">
          <text>The total number of patients by race or ethnicity, gender, and zip code of residence against whom the hospital or a debt collector used by the hospital, filed an action to collect medical debt;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>The total number of patients by race or ethnicity, gender, and zip code of residence with respect to whom the hospital has and has not reported or classified a bad debt;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>The total dollar amount of charges for hospital services provided to patients but not collected by the hospital for patients covered by insurance, including the out-of-pocket costs for patients covered by insurance, and patients without insurance; and</text>
        </paragraph>
        <paragraph num="(d)">
          <text>For hospital debts owed by patients of the hospital that the hospital sold to a governmental unit, contractor, or nonprofit organization under Health-General Article, §19-214.2(m), Annotated Code of Maryland and §O of this regulation:</text>
          <paragraph num="(i)">
            <text>The total dollar amount of the debt sold by the hospital for the reporting year;</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>The total dollar amount paid by the hospital to the unit, contractor, or nonprofit organization who purchased the debt; and</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>The total number of patients whose debt was sold, in full or in part, to the unit, contractor, or nonprofit organization who purchased the debt.</text>
          </paragraph>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>The Commission shall post the information submitted under §N(1) of this regulation on its website.</text>
      </paragraph>
    </paragraph>
    <paragraph num="O.">
      <text>Selling Medical Debt.</text>
      <paragraph num="(1)">
        <text>Consistent with Health-General Article, §19-214.2(m), Annotated Code of Maryland, a hospital may sell debt owed to the hospital by a patient for hospital services to a governmental unit, an entity that is under contract with the governmental unit, or to a nonprofit organization that is exempt from taxation under 26 U.S.C. §501(c)(3) of the Internal Revenue Code for the sole purpose of canceling the debt.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The contract between the hospital and the governmental unit, entity that is under contract with the governmental unit, or nonprofit organization purchasing the debt shall state that the sole purpose of the sale of the debt is to cancel the debt.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>The patient is not responsible to the hospital, the governmental unit, the entity that is under contract with the governmental unit, or the nonprofit organization for any amount of the debt that is sold, or any interest, fees, or costs associated with the debt or the sale.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Debt sold under this regulation and Health-General Article, §19-214.2(m), Annotated Code of Maryland:</text>
        <paragraph num="(a)">
          <text>Must be for hospital services provided at least 2 years before the date of the sale;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>May not be expected to yield additional reimbursements from a third-party payor;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>May not be subject to an open appeal with an insurance company; and</text>
        </paragraph>
        <paragraph num="(d)">
          <text>Must be for an individual whose family income is at or below 500 percent of the federal poverty level or who has medical debt exceeding 5 percent of the patient’s family income, as determined by the governmental unit, contractor, or nonprofit organization purchasing the debt.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(5)">
        <text>Debt sold under this regulation and Health-General Article, §19-214.2(m), Annotated Code of Maryland, may be sold with a reduction of Commission charges.</text>
      </paragraph>
      <paragraph num="(6)">
        <text>The Commission shall treat the amount of payments to hospitals under this subsection as an offset to uncompensated care amounts reported by hospitals.</text>
      </paragraph>
      <paragraph num="(7)">
        <text>The purchaser of the debt shall:</text>
        <paragraph num="(a)">
          <text>Notify the patient that the debt has been canceled; and</text>
        </paragraph>
        <paragraph num="(b)">
          <text>If the hospital obtained a judgment against the patient or reported adverse information to a consumer reporting agency about the patient, seek to vacate the judgment or strike the adverse information.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(8)">
        <text>If a hospital sells hospital medical debt under this regulation and Health-General Article, §19-214.2(m), Annotated Code of Maryland, the hospital must immediately dismiss actions pending against a patient for collection of that debt.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".05" heading="Guidelines for Hospital Payment Plans.">
    <paragraph num="A.">
      <text>Scope.</text>
      <paragraph num="(1)">
        <text>As described in this regulation, the Guidelines for Hospital Payment Plans apply to any income-based payment plan offered by a hospital to a patient to pay for medically necessary hospital services after the services are provided.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>“Income” in this regulation means household monthly income.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Prepayment Plans. Nothing in the Guidelines prevents a hospital from offering patients arrangements to make payments prior to service, provided that:</text>
        <paragraph num="(a)">
          <text>A hospital may not require or steer a patient to enter into such an arrangement solely to avoid the application of these Guidelines;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Before a hospital requests pre-payment for a hospital service, the hospital shall:</text>
          <paragraph num="(i)">
            <text>Comply with the notice provisions of Health-General Article, §19-214.1, Annotated Code of Maryland, and Regulations .03 and .06 of this chapter;</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Advise the patient about the availability of financial assistance;</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>Process any request for financial assistance; and</text>
          </paragraph>
          <paragraph num="(iv)">
            <text>Advise the patient about the availability of income-based payment plans, including information about the 5 percent cap on monthly payment amounts under §F(1) of this regulation; and</text>
          </paragraph>
        </paragraph>
        <paragraph num="(c)">
          <text>Such an arrangement terminates once the hospital service is rendered.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(4)">
        <text>Unregulated Services. These Guidelines apply only to hospital services that are regulated by the Commission. These Guidelines do not apply to services that are not regulated by the Commission, including physician services.</text>
      </paragraph>
      <paragraph num="(5)">
        <text>Limitation of the Guidelines. These Guidelines do not prevent hospitals from extending payment plans for services, such as physician services, or at times that are outside the parameters of the Guidelines. Except as otherwise required by law or regulation, payment plans that are outside the parameters of these Guidelines are not subject to the Guidelines.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>Access to Income-Based Payment Plans.</text>
      <paragraph num="(1)">
        <text>Availability of Income-Based Payment Plans. Maryland hospitals shall make income-based payment plans available to all patients who are Maryland residents, including individuals temporarily residing in Maryland due to work or school, irrespective of their:</text>
        <paragraph num="(a)">
          <text>Insurance status;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Citizenship status;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Immigration status; or</text>
        </paragraph>
        <paragraph num="(d)">
          <text>Eligibility for reduced-cost medically necessary care, including reduced-cost medically necessary care due to financial hardship, under Regulation .06 of this chapter.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>Treatment of Nonresidents and Unregulated Services.</text>
        <paragraph num="(a)">
          <text>These Guidelines do not prevent a hospital from extending payment plans to patients who are not described in §B(1) of this regulation.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>These Guidelines do not prevent a hospital from extending payment plans to patients for services that are not regulated by the Commission.</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Except as required by §U of this regulation or by other law or regulation, payment plans for patients which are not described in §B(1) of this regulation and payment plans for services that are not regulated by the Commission are not subject to the Guidelines under this regulation.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>Notice Requirements.</text>
      <paragraph num="(1)">
        <text>Notice of Availability of an Income-Based Payment Plan.</text>
        <paragraph num="(a)">
          <text>Posted Notice.</text>
          <paragraph num="(i)">
            <text>A notice shall be posted in conspicuous places throughout the hospital, including the billing office, informing Maryland residents of the availability of an income-based payment plan and whom to contact at the hospital for additional information.</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>If the hospital uses a vendor to assist with financial assistance eligibility, billing, or debt collection, such as a debt collector or eligibility vendor, the hospital shall ensure that the vendor posts a notice in a conspicuous place on their website or online payment portal, informing Maryland residents of the availability of an income-based payment plan and whom to contact at the hospital or debt collector for additional information. Placement on the website or online payment portal should be based on the best interest of the patient.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(b)">
          <text>Information Sheet. A written notice of the availability of an income-based payment plan shall be contained in the information sheet required under Regulation .03 of this chapter, including clarity on the availability of income-based payment plans for Maryland residents, and, if payment plans for non-residents are included in the hospital’s credit and collection policy, the availability of such plans for non-residents.</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Before a Prepayment Plan. Before a patient enters into a prepayment plan as described in §A(2) of this regulation for a medically necessary hospital service, a hospital shall provide a written notice of the availability of an income-based payment plan to a patient.</text>
        </paragraph>
        <paragraph num="(d)">
          <text>On a Bill. On the same page of the bill that includes the amount due and due date, the hospital shall provide notice that a lower monthly payment amount may be possible through an income-based plan, in the same font and style as the total amount due notification.</text>
        </paragraph>
        <paragraph num="(e)">
          <text>Online Payment Portal. On both the page of the online payment portal that states the amount due, and where the consumer enters the  amount being paid by the consumer, the hospital shall provide, in the same font and style as the amount due notification, notice informing Maryland residents of the availability of an income-based monthly payment plan and information, including a telephone number and email address, in order to contact the hospital for additional information.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>Notice of Terms Before Execution. A hospital shall provide written notice of the terms of an income-based payment plan to a patient before the patient agrees to enter the income-based payment plan. The terms of the income-based payment plan shall include:</text>
        <paragraph num="(a)">
          <text>The amount of medical debt owed to the hospital;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>The interest rate applied to the income-based payment plan and the total amount of interest expected to be paid by the patient under the income-based payment plan;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>The amount of each periodic payment expected from the patient under the income-based payment plan;</text>
        </paragraph>
        <paragraph num="(d)">
          <text>The number of periodic payments expected from the patient under the income-based payment plan;</text>
        </paragraph>
        <paragraph num="(e)">
          <text>The expected due dates for each payment from the patient;</text>
        </paragraph>
        <paragraph num="(f)">
          <text>The expected date by which the account will be paid off in full;</text>
        </paragraph>
        <paragraph num="(g)">
          <text>The treatment of any missed payments, including missed payments and default as described in §P and T of this regulation;</text>
        </paragraph>
        <paragraph num="(h)">
          <text>That there are no penalties for early payments; and</text>
        </paragraph>
        <paragraph num="(i)">
          <text>Whether the hospital plans to apply a periodic recalculation of monthly payment amounts as described in §N of this regulation and the process for such recalculation.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(3)">
        <text>Notice of Plan After Execution. A hospital shall promptly provide a written income-based payment plan, including items listed in §C(2) of this regulation, to the patient following execution by all parties. The income-based payment plan shall be provided to the patient at least 20 days before the due date of the patient’s first payment under the income-based payment plan.</text>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>Financial Assistance.</text>
      <paragraph num="(1)">
        <text>Before entering into an income-based payment plan with a patient, hospitals shall evaluate if the patient is eligible for financial assistance, including free and reduced-cost medically necessary care, including reduced-cost medically necessary care due to financial hardship, in accordance with Regulation .06 of this chapter.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Hospitals shall:</text>
        <paragraph num="(a)">
          <text>Apply the financial assistance reduction before entering into an income-based payment plan with a patient; and</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Use any information collected for determining financial assistance under Regulation .06 of this chapter to establish the 5 percent monthly payment threshold for payment plans under Regulation .05F of this chapter.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="E.">
      <text>Offer Required. Hospitals must offer income-based payment plans that meet the requirements of these Guidelines.</text>
    </paragraph>
    <paragraph num="F.">
      <text>Monthly Payment Amounts.</text>
      <paragraph num="(1)">
        <text>Under an income-based payment plan subject to these Guidelines, a hospital may not require a patient to make total payments in a month that exceed 5 percent of the lesser of the patient’s household income.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>§F(1) of this regulation applies to total amounts due under the plan, including both principal and interest, but does not apply to any catch-up payments, such as payments described under §P(1) of this regulation.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>A hospital shall calculate the monthly payment amount threshold under §F(1) of this regulation by dividing income level by household size and multiplying by .05 percent.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Determining the Household Size.</text>
        <paragraph num="(a)">
          <text>The hospital shall determine the size of the patient’s household using the number reported on tax returns, if provided the number of tax filers and dependents listed on the tax return provided by the patient. For example, if a married couple files jointly and has three dependents, the number of tax filers and dependents would equal five.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>If a patient files as an individual and the patient is not a dependent and has no dependents, the number of tax filers would equal one.</text>
        </paragraph>
        <paragraph num="(c)">
          <text>If the patient has not provided a tax return, the hospital shall ask the patient to provide the number of individuals in the household.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="G.">
      <text>Expenses. A hospital may reduce the amount of the monthly payment due under an income-based payment plan upon consideration of household expense information provided by a patient.</text>
    </paragraph>
    <paragraph num="H.">
      <text>Application to Multiple Income-based Payment Plans.</text>
      <paragraph num="(1)">
        <text>Hospitals. A hospital shall ensure that the total monthly payment amount for all income-based payment plans provided to a patient by the hospital, when added up collectively, does not exceed the income limitation under §F(1) of this regulation.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Hospital System. A hospital system shall ensure that the total monthly payment amount for all income-based payment plans provided to a patient by all hospitals in the hospital system, when added up collectively, does not exceed the income limitation under §F(1) of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="I.">
      <text>Duration of Income-Based Payment Plan. The duration of an income-based payment plan, in months, is determined by the total amount owed, and interest, if interest applies, divided by the total amount of the payment due each month, subject to the limitation that no monthly payment may exceed 5 percent of the patient’s income as calculated under §F(1)of this regulation.</text>
    </paragraph>
    <paragraph num="J.">
      <text>Solicitation of Early Payments Prohibited. Hospitals may not solicit, steer, or mandate patients to pay an amount in excess of the monthly payment amount provided for in an income-based payment plan.</text>
    </paragraph>
    <paragraph num="K.">
      <text>Application of Partial Payments. A hospital shall apply partial payments in a manner most favorable to the patient.</text>
    </paragraph>
    <paragraph num="L.">
      <text>Interest and Fees.</text>
      <paragraph num="(1)">
        <text>No Interest for Patients Eligible for Financial Assistance. For a patient who is eligible for free or reduced-cost medically necessary care under the hospital’s financial assistance policy under Regulation .06 of this chapter and Health-General Article, §19–214.1, Annotated Code of Maryland, the hospital may not charge interest or fees on any medical debt amount owed under an income-based payment plan.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Allowable Interest. A hospital may charge interest under an income-based payment plan for a patient who is not eligible for free or reduced-cost medically necessary care, as described in §L of this regulation. A hospital is not required to charge interest for a payment plan.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Interest Rate.</text>
        <paragraph num="(a)">
          <text>An income-based payment plan may not provide for interest in excess of an effective rate of simple interest of 6 percent per annum on the unpaid principal balance of the payment plan.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>A hospital may not set an interest rate that results in negative amortization.</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Payers subject to Insurance Article, §15-1005, Annotated Code of Maryland, shall comply with its provisions.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(4)">
        <text>Timing. Interest may not begin before 240 days after the initial bill is provided.</text>
      </paragraph>
      <paragraph num="(5)">
        <text>Late payments. A hospital may not charge additional fees or interest for late payments.</text>
      </paragraph>
    </paragraph>
    <paragraph num="M.">
      <text>Early Payment.</text>
      <paragraph num="(1)">
        <text>Prepayment Allowed.</text>
        <paragraph num="(a)">
          <text>Patients may, on a voluntary basis, pre-pay, in whole or in part, any amounts owed under an income-based payment plan.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Any prepayment made under §M(1) of this regulation is not subject to the monthly income payment limitations of §F(1) of this regulation.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>No Fees or Penalties. A hospital may not assess fees or otherwise penalize early payment of an income-based payment plan.</text>
      </paragraph>
    </paragraph>
    <paragraph num="N.">
      <text>Limited Modifications of Income-based Payment Plans.</text>
      <paragraph num="(1)">
        <text>Change in Income. If a patient with an income-based payment plan notifies a hospital that the patient’s income has changed, then the hospital shall offer to modify the income-based payment plan to meet the requirement of §N(6) of this regulation.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Expenses. Before modifying an income-based payment plan, a hospital shall consider information provided by a patient about changes in household expenses in considering a patient request to modify a payment plan.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>No Increase in Interest Rate. A hospital may not increase the interest rate on an income-based payment plan when making a modification to an income-based payment plan under this Guideline.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Limitation on Payment Amount. A hospital may not modify an income-based payment plan in a way that requires a patient to make a monthly payment that exceeds the percent of the patient’s income used to set the monthly payment amount under the initial income-based payment plan as provided for in §F of this regulation.</text>
      </paragraph>
      <paragraph num="(5)">
        <text>Change in Duration. The duration of a modified income-based payment plan, in months, is determined by the total amount owed, and interest, if interest applies, divided by the total amount of the payment due each month, subject to the limitation under §F of this regulation.</text>
      </paragraph>
      <paragraph num="(6)">
        <text>Process for Modifying an Income-Based Payment Plan.</text>
        <paragraph num="(a)">
          <text>Prompt Response to Patient Request. If a patient requests a modification to the terms of the payment plan, the hospital shall respond in a timely manner and may not refer the outstanding balance owed to a collection agency or for legal action until 30 days after providing a written response to the patient’s request for a modification of the payment plan.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Reconsideration for Financial Assistance. If a patient makes a request for modification of a payment plan, the hospital shall consider if such patient is eligible for financial assistance, including free medically necessary care, reduced-cost medically necessary care, and reduced-cost care due to financial hardship under Regulation .06 of this chapter. The hospital will apply the financial assistance reduction in its modification of the payment plan.</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Mutual Agreement. A hospital may not modify a payment plan without mutual agreement between the hospital and the patient before the changes are made.</text>
        </paragraph>
        <paragraph num="(d)">
          <text>Notice of Terms. The hospital shall provide the patient with a written notice of all payment plan terms, consistent with the requirements of §C of this regulation, upon modifying a payment plan under this Guideline.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="O.">
      <text>Hospital-Initiated Changes to Income-Based Payment Plans Based on Changes to Patient Income.</text>
      <paragraph num="(1)">
        <text>Recalculation Allowed. A hospital may, in the terms of an initial income-based payment plan under §C(2) of this regulation that exceeds 3 years in length, provide for periodic recalculations to the amount of the monthly payments and the duration of the payment plan based on changes in the patient’s income as subject to and calculated under §N(5) of this regulation.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Notice Included in Initial Income-Based Payment Plan.</text>
        <paragraph num="(a)">
          <text>The hospital may only recalculate payment amounts under an income-based payment plan if the hospital included the process for such recalculation in the notice provided to the patient before they entered into the income-based payment plan, in accordance with §C(2) of this regulation.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>The patient’s agreement to enter into the income-based payment plan after receiving that notice constitutes consent to the payment recalculations allowed under §P of this regulation.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(3)">
        <text>Limitations on Modification Apply. The provisions of §N of this regulation relating to limitations of payment plan modifications apply to payment recalculations for income-based payment plans under §O of this regulation.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Frequency of Recalculation. A hospital may not seek a recalculation of the monthly payment amount under an income-based payment plan, as provided for under §O(1) of this regulation more than once every 3 years.</text>
      </paragraph>
      <paragraph num="(5)">
        <text>Treatment of Missing Information. If a patient does not provide income information on the request of the hospital seeking to make a change to an income-based payment plan under §O of this regulation and the patient is in good standing on the patient's payments under the income-based payment plan, the hospital may not change the monthly payment amounts under the income-based payment plan.</text>
      </paragraph>
    </paragraph>
    <paragraph num="P.">
      <text>Treatment of Missed Payments.</text>
      <paragraph num="(1)">
        <text>First Missed Payment.</text>
        <paragraph num="(a)">
          <text>A hospital may not deem a patient to be noncompliant with an income-based payment plan if the patient makes at least 11 scheduled monthly payments within a 12-month period.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Subject to §P(1)(c) of this regulation, the hospital shall permit the patient to repay the missed payment amount at any time, as determined by the patient, including through a set of partial payments.</text>
        </paragraph>
        <paragraph num="(c)">
          <text>No later than 30 days after the first missed payment in a 12-month period, the hospital shall notify the patient of the missed payment and inform the patient that the patient may be in default if they do not pay the amount of the missed payment within 12 months or if they miss additional payments within the 12-month period.  The notice will give the patient the option to pay the missed payment by paying the amount of the missed payments in one of the following ways:</text>
          <paragraph num="(i)">
            <text>11 increments over the subsequent 11 months;</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>A single payment; or</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>Another approach, as specified by the patient.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(d)">
          <text>With respect to a patient that has missed a single monthly payment in a 12-month period, the hospital shall provide the patient with a method to designate whether any amount of a payment paid in the subsequent 12-month period is to be applied to the amount of missed payment or applied in a different manner.</text>
        </paragraph>
        <paragraph num="(e)">
          <text>With respect to a patient that has missed a single monthly payment in a 12-month period, if the hospital receives a payment and the patient has not designated how that payment is to be applied, the hospital shall first apply the amount to any payment that is due in the 31-day period following the date the payment is received. If there is no payment due in the next month, the hospital shall apply the amount of the payment to the missed payment. If the amount of the payment exceeds the amount of any payment that is due in the 31-day period following the date the payment is received, the excess amount shall be applied to the missed payment.</text>
        </paragraph>
        <paragraph num="(f)">
          <text>The hospital may consider a patient to be in default on the income-based payment plan if the missed payment is not repaid in full by the end of the 12-month period that begins on the date of the missed payment under §P(1) of this regulation.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>Additional Missed Payments.</text>
        <paragraph num="(a)">
          <text>A hospital may forbear the amount of any additional missed payments that occur in a 12-month period.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>If a hospital forbears the amount of any additional missed payments that occur in a 12-month period, the hospital shall allow the patient to continue to participate in the income-based payment plan.</text>
        </paragraph>
        <paragraph num="(c)">
          <text>If a hospital forbears the amount of any additional missed payments that occur in a 12-month period, the hospital may not refer the outstanding balance owed to a collection agency or for legal action.</text>
        </paragraph>
        <paragraph num="(d)">
          <text>The hospital shall recapitalize the amount of any missed payments that were subject to forbearance under this §P of this regulation as additional payments at the end of the income-based payment plan, thereby extending the length of the income-based payment plan.</text>
        </paragraph>
        <paragraph num="(e)">
          <text>The hospital shall provide written notice to the patient of the treatment of the missed payments, including any extension of the length of the income-based payment plan.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="Q.">
      <text>Treatment of Loans and Extension of Credit. After a hospital service is provided to the patient, a hospital, hospital affiliate, or third-party in partnership with a hospital may not make any loan or extension of credit to the patient in connection with a medically necessary hospital service that is inconsistent with the guidelines for payment plans in this regulation resulting from that service.</text>
    </paragraph>
    <paragraph num="R.">
      <text>Application of Credit Provisions of Maryland Commercial Law Article and Licensing Provisions of Financial Institutions Article. An income-based payment plan is an extension of credit subject to Maryland credit regulations under Commercial Law Article, Title 12, Annotated Code of Maryland and any applicable licensing provisions of Financial Institutions Article, Title 11, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="S.">
      <text>Books and Records. A hospital shall retain books and records on income-based payment plans for at least 3 years after the income-based payment plan is closed.</text>
    </paragraph>
    <paragraph num="T.">
      <text>Default.</text>
      <paragraph num="(1)">
        <text>If a patient defaults on an income-based payment plan and the parties are unable to agree to a modification, then the hospital shall follow the provisions of its credit and collection policy established in accordance with Regulation .04 of this chapter, before a hospital may write this medical debt off as bad debt.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>With respect to the amounts covered by the income-based payment plans, a patient who is on an income-based payment plan and is not in default on that payment plan may not be considered in arrears on their debt to the hospital when the hospital is making decisions about scheduling health care services.</text>
      </paragraph>
    </paragraph>
    <paragraph num="U.">
      <text>Non-Income-Based Payment Plans.</text>
      <paragraph num="(1)">
        <text>Other Payment Plans Allowed. A hospital may offer a non-income-based payment plan under these Guidelines, but must first offer the patient an income-based payment plan.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Application of Guidelines. Consistent with the Guidelines for Hospital Payment Plans and consistent with the intent of Health-General Article, §19-214.2, Annotated Code of Maryland, the following provisions of this regulation apply to non-income-based payment plans in the same manner such provisions apply to income-based payment plans:</text>
        <paragraph num="(a)">
          <text>§A of this regulation, regarding scope;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>§B of this regulation, regarding access to payment plans;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>§C(2) of this regulation, regarding notice of payment plan terms before execution;</text>
        </paragraph>
        <paragraph num="(d)">
          <text>§C(3) of this regulation, regarding notice of plan after execution;</text>
        </paragraph>
        <paragraph num="(e)">
          <text>§D of this regulation, regarding financial assistance;</text>
        </paragraph>
        <paragraph num="(f)">
          <text>§L of this regulation, regarding interest and fees;</text>
        </paragraph>
        <paragraph num="(g)">
          <text>§M(1)(a) and (2) of this regulation, regarding early payments;</text>
        </paragraph>
        <paragraph num="(h)">
          <text>§N(6) of this regulation, regarding modifications of payment plans;</text>
        </paragraph>
        <paragraph num="(i)">
          <text>§Q of this regulation, relating to treatment of loans and extensions of credit;</text>
        </paragraph>
        <paragraph num="(j)">
          <text>§R of this regulation, relating to the application of credit provisions of Maryland Commercial Law Article and the licensing provisions of Financial Institutions Article;</text>
        </paragraph>
        <paragraph num="(k)">
          <text>§S of this regulation, relating to books and records; and</text>
        </paragraph>
        <paragraph num="(l)">
          <text>§T of this regulation, relating to default.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(3)">
        <text>Notice.</text>
        <paragraph num="(a)">
          <text>Notice of Terms Before Execution. In addition to complying with the terms of §C(2) of this regulation, the hospital must include notice that the patient may apply for an income-based payment plan at any time in the notice of terms before execution of a non-income-based payment plan.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Notice of Plan After Execution. The hospital must include the notice required in §U(3)(a) of this regulation in the notice of the payment plan after execution that is required by §C(3) of this regulation.</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Notice with Bills. Each bill for a non-income-based payment plan shall include a notice that informs the patient that income-based payment plans are available, which could result in lower monthly payments and provides information on how to apply for such plans.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(4)">
        <text>Consent. Before entering into a non-income-based repayment plan with a patient, the hospital must obtain consent from the patient that records that the patient affirms the following:</text>
        <paragraph num="(a)">
          <text>The hospital offered the patient an income-based payment plan;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>The income-based payment plan limits monthly payment amounts to 5 percent of the patient’s monthly income;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>The income-based payment plan may result in lower monthly payment amounts than the monthly payment amounts under the non-income-based repayment plan;</text>
        </paragraph>
        <paragraph num="(d)">
          <text>The patient has the opportunity to disclose their income and determine the payment amount under the income-based payment plan; and</text>
        </paragraph>
        <paragraph num="(e)">
          <text>The patient is declining to enter an income-based payment plan and is consenting to enter a non-income-based repayment plan.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(5)">
        <text>Modification of a Non-Income-Based Payment Plan: In addition to complying with the terms of §N(6) of this regulation, before modifying a non-income-based payment plan:</text>
        <paragraph num="(a)">
          <text>The hospital shall offer the patient an income-based payment plan; and,</text>
        </paragraph>
        <paragraph num="(b)">
          <text>If the patient declines the income-based payment plan, obtain the consent required under §U(4) of this regulation.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(6)">
        <text>Default on a Non-Income-Based Payment Plan.</text>
        <paragraph num="(a)">
          <text>If the patient defaults on a non-income-based payment plan, the hospital must offer an income-based payment plan to the patient before the hospital follows the provisions of its credit and collection policy to collect the debt.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>The offer provided under §U(6)(a) of this regulation must be sent separately from a bill.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="V.">
      <text>Steering.</text>
      <paragraph num="(1)">
        <text>A hospital may not steer patients to non-income-based payment plans, or third-party credit providers, in such a manner that discourages patients from entering into income-based payment plans.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>A hospital may not steer patients to revolving credit products in such a manner that discourages patients from entering into either income-based payment plans or non-income based payment plans under this regulation.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".06" heading="Hospital Financial Assistance Responsibilities.">
    <paragraph num="A.">
      <text>Financial Assistance Policy.</text>
      <paragraph num="(1)">
        <text>Requirements.</text>
        <paragraph num="(a)">
          <text>Each hospital and each chronic care hospital under the jurisdiction of the Commission shall develop a written financial assistance policy for providing free and reduced-cost medically necessary care to low-income patients who lack health care coverage or to patients whose health insurance does not pay the full cost of the hospital bill.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>A hospital shall provide written notice of the hospital's financial assistance policy to the patient, the patient's family, or the patient's authorized representative before discharging the patient and in each communication to the patient regarding collection of the hospital bill.</text>
          <paragraph num="(i)">
            <text>The required notice shall state that the patient has up to 240 days after the day the patient receives the initial hospital bill to apply for financial assistance from the hospital.</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>The hospital shall obtain documentation ensuring that the patient or the patient’s authorized representative acknowledges the patient’s receipt of the notice before discharging the patient.</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>If a patient chooses not to apply for financial assistance, the patient’s documented acknowledgement shall indicate that the patient is not applying for financial assistance on the day of the acknowledgment but may apply within 240 days immediately following the patient’s receipt of the initial hospital bill.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(c)">
          <text>The financial assistance policy shall provide at a minimum:</text>
          <paragraph num="(i)">
            <text>Free medically necessary care to patients with family income at or below 200 percent of the federal poverty level, consistent with the provisions of §A(2) of this regulation;</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Reduced-cost medically necessary care to patients with family income between 200 and 300 percent of the federal poverty level, consistent with the provisions of §A(2) of this regulation;</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>A description of the payment plan required under Health-General Article, §19-214.2(d), Annotated Code of Maryland and Regulation .05 of this chapter; and</text>
          </paragraph>
          <paragraph num="(iv)">
            <text>A mechanism for a patient, irrespective of that patient’s insurance status, to request the hospital to reconsider the denial of free or reduced-cost medically necessary care, including the address, phone number, facsimile number, email address, mailing address, and website of the Health Education and Advocacy Unit, which can assist the patient or patient’s authorized representative in filing and mediating a reconsideration request.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(d)">
          <text>If a patient is eligible for reduced-cost medically necessary care under §A(1)(c)(ii) of this regulation, the hospital shall, at a minimum, reduce the patient’s out-of-pocket expenses for the hospital services:</text>
          <paragraph num="(i)">
            <text>For a patient with family income of at least 201 percent but not more than 250 percent of the federal poverty level, by 75 percent; and</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>For a patient with family income of more than 250 percent but not more than 300 percent of the federal poverty level, by 60 percent.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(e)">
          <text>The hospital shall provide free and reduced-cost medically necessary care to all qualified Maryland residents, regardless of their citizenship or immigration status.</text>
        </paragraph>
        <paragraph num="(f)">
          <text>The hospital shall provide free and reduced-cost medically necessary care under §A(1)(c) of this regulation to all qualified Maryland residents, regardless of whether the patient resides in the hospital’s service area.</text>
        </paragraph>
        <paragraph num="(g)">
          <text>The financial assistance policy applies to all medically necessary hospital services provided to qualified Maryland residents. Hospitals may not exclude non-urgent or elective, but medically necessary, care from their financial assistance policy.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>The financial assistance policy shall calculate a patient’s eligibility for free medically necessary care under §A(1)(c)(i) of this regulation and Health-General Article, §19-214.1(b)(2)(i), Annotated Code of Maryland, or reduced-cost medically necessary care under §A(1)(c)(ii) of this regulation and Health-General Article, §19-214.1(b)(2)(ii), Annotated Code of Maryland, at the date of service or updated, as appropriate, to account for any change in the financial circumstances of the patient that occurs within 240 days after the initial bill is provided.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>The hospital shall consider any change in the patient’s financial circumstance in accordance with Health-General Article, §19-214.1(b)(11), Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Income Documentation.</text>
        <paragraph num="(a)">
          <text>Hospitals shall accept generally acceptable forms of documentation that verify income, such as tax returns, pay stubs, and W2s to evaluate if the patient is eligible for financial assistance, including free and reduced-cost medically necessary care, including reduced-cost medically necessary care due to financial hardship, in accordance with this regulation .</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Hospitals shall use available information, including information provided by the patient, to approximate the patient’s income if the patient has not provided their tax returns, pay stubs, W2s, or another form of documentation.</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Income Attestations.</text>
          <paragraph num="(i)">
            <text>Hospitals may accept patient attestation of the patient’s monthly or annual income and the number of filers and dependents on their tax return without documentation.</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Such an attestation shall include the patient’s income and the number of filers and dependents on their tax return.</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>If the patient provides an attestation of income the hospital is not required to conduct any additional income verification.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(d)">
          <text>A hospital’s inability to obtain complete income information does not preclude the hospital's ability to reasonably predict a patient’s income for the purposes of providing financial assistance. For example, a hospital may multiply income reported at the monthly level by 12 to determine income at the annual level, allowing for reasonably predictable changes in income throughout the year.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(5)">
        <text>Presumptive Eligibility for Free Medically Necessary Care. Unless otherwise eligible for Medicaid or CHIP, patients who are beneficiaries/recipients of the following means-tested social services programs are deemed eligible for free medically necessary care:</text>
        <paragraph num="(a)">
          <text>Households with a child in the free or reduced lunch program and is eligible for the program based on the household’s income;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Supplemental Nutritional Assistance Program (SNAP);</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Low-income-household energy assistance program;</text>
        </paragraph>
        <paragraph num="(d)">
          <text>Primary Adult Care Program (PAC), until such time as inpatient benefits are added to the PAC benefit package;</text>
        </paragraph>
        <paragraph num="(e)">
          <text>Women, Infants and Children (WIC); or</text>
        </paragraph>
        <paragraph num="(f)">
          <text>Other means-tested social services programs deemed eligible for hospital free medically necessary care policies by the Maryland Department of Health and the Commission, consistent with this regulation.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>Hospital Reports. Each hospital shall submit to the Commission within 120 days after the end of each hospital’s fiscal year:</text>
      <paragraph num="(1)">
        <text>The hospital’s financial assistance policy developed in accordance with this regulation; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>An annual report on the hospital's financial assistance policy that includes:</text>
        <paragraph num="(a)">
          <text>The total number of patients who completed or partially completed an application for financial assistance during the prior year;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>The total number of inpatients and outpatients who received free medically necessary care during the immediately preceding year and reduced-cost medically necessary care for the prior year;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>The total number of patients who received financial assistance during the immediately preceding year, by race or ethnicity and gender;</text>
        </paragraph>
        <paragraph num="(d)">
          <text>The total number of patients who were denied financial assistance during the immediately preceding year, by race or ethnicity and gender;</text>
        </paragraph>
        <paragraph num="(e)">
          <text>The total cost of hospital services provided to patients who received free medically necessary care; and</text>
        </paragraph>
        <paragraph num="(f)">
          <text>The total cost of hospital services provided to patients who received reduced-cost medically necessary care that was covered by the hospital as financial assistance or that the hospital charged to the patient.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>Financial Hardship Policy.</text>
      <paragraph num="(1)">
        <text>Subject to Regulation .05D of this chapter, the financial assistance policy required under §A of this regulation and Health-General Article, §19-214.1, Annotated Code of Maryland, shall provide reduced-cost medically necessary care to patients with family income below 500 percent of the federal poverty level who have a financial hardship.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>If a patient has received reduced-cost medically necessary care due to a financial hardship, the patient or any immediate family member of the patient living in the same household:</text>
        <paragraph num="(a)">
          <text>Shall remain eligible for reduced-cost medically necessary care when seeking subsequent care at the same hospital during the 12-month period beginning on the date on which the reduced-cost medically necessary care was initially received; and</text>
        </paragraph>
        <paragraph num="(b)">
          <text>To avoid an unnecessary duplication of the hospital’s determination of eligibility for free and reduced-cost medically necessary care, shall inform the hospital of the patient’s or family member’s eligibility for the reduced-cost medically necessary care.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(3)">
        <text>If a patient is eligible for reduced-cost medically necessary care under a hospital’s financial hardship policy, the hospital shall, at a minimum, reduce the patient’s out-of-pocket expenses for hospital services:</text>
        <paragraph num="(a)">
          <text>For a patient with family income of at least 201 percent but not more than 250 percent of the federal poverty level, by 75 percent;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>For a patient with family income of more than 250 percent but not more than 300 percent of the federal poverty level, by 60 percent;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>For a patient with family income of more than 300 percent  but not more than 350 percent of the federal poverty level, by 50 percent;</text>
        </paragraph>
        <paragraph num="(d)">
          <text>For a patient with family income of more than 350 percent  but not more than 400 percent of the federal poverty level, by 45 percent;</text>
        </paragraph>
        <paragraph num="(e)">
          <text>For a patient with family income of more than 400 percent  but not more than 450 percent of the federal poverty level, by 40 percent; and</text>
        </paragraph>
        <paragraph num="(f)">
          <text>For a patient with family income of more than 450 percent  but not more than 500 percent of the federal poverty level, by 35.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>The Commission may, by regulation, establish income thresholds higher than those in this regulation:</text>
      <paragraph num="(a)">
        <text>Patient mix;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Financial condition;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Level of bad debt experienced;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Amount of financial assistance provided; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Other relevant factors.</text>
      </paragraph>
    </paragraph>
    <paragraph num="E.">
      <text>Notice Requirements.</text>
      <paragraph num="(1)">
        <text>A notice shall be posted in conspicuous places throughout the hospital including the billing office informing patients of their right to apply for financial assistance and who to contact at the hospital for additional information.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>If the hospital uses a vendor to assist with financial assistance eligibility, billing, or debt collection, such as a debt collector or eligibility vendor, that vendor shall post a notice in a conspicuous place on their website or online payment portal, informing patients of their right to apply for financial assistance, providing a link to the financial assistance application, and providing information on how to submit the application. Placement on the website or online payment portal should be based on the best interest of the patient.</text>
      </paragraph>
    </paragraph>
    <paragraph num="F.">
      <text>The notice required under §E of this regulation shall be in:</text>
      <paragraph num="(1)">
        <text>Simplified language;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>At least 10-point type; and</text>
      </paragraph>
      <paragraph num="(3)">
        <text>The patient’s preferred language or, if no preferred language is specified, each language spoken by a limited English proficient population that constitutes at least 5 percent of the overall population within the city or county in which the hospital is located as measured by the most recent census.</text>
      </paragraph>
    </paragraph>
    <paragraph num="G.">
      <text>Financial Assistance Application. Each hospital shall:</text>
      <paragraph num="(1)">
        <text>Use a Financial Assistance Application in the manner prescribed by the Commission in order to determine eligibility for free and reduced-cost medically necessary care;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Use a Financial Assistance Application that meets the requirements of this regulation and is consistent with the Uniform Financial Assistance Application; and</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Establish a mechanism to provide a Financial Assistance Application to patients regardless of their insurance status. A hospital may require from patients or their guardians only those documents required to validate the information provided on the application.</text>
      </paragraph>
    </paragraph>
    <paragraph num="H.">
      <text>Asset Test Requirements. A hospital may utilize a monetary asset test when determining eligibility for financial assistance, using the definition of monetary assets as defined in Regulation 01B of this chapter.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".07" heading="Patient Complaints.">
    <paragraph num="A.">
      <text>The Commission shall post a process on its website for a patient or a patient’s authorized representative to file with the Commission a complaint against a hospital for an alleged violation of Health-General Article, §§19-214.1 or 19-214.2, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="B.">
      <text>The process established by the Commission shall include the option for a patient or a patient’s authorized representative to file the complaint jointly with the Commission and the Health Education and Advocacy Unit.</text>
    </paragraph>
    <paragraph num="C.">
      <text>The process shall conform to the requirements of Health-General Article, §19-214.3, Annotated Code of Maryland.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".08" heading="Hospital Written Estimate.">
    <paragraph num="A.">
      <text>In addition to the good faith estimate requirements set forth in  the Public Health Service Act, 42 U.S.C §2799B-6, the No Surprises Act, on request of a patient made before or during treatment, a hospital shall provide to the patient a written estimate of the total charges for the hospital services, procedures, and supplies that reasonably are expected to be provided and billed to the patient by the hospital.</text>
    </paragraph>
    <paragraph num="B.">
      <text>The written estimate shall state clearly that it is only an estimate and actual charges could vary.</text>
    </paragraph>
    <paragraph num="C.">
      <text>A hospital may restrict the availability of a written estimate to normal business office hours.</text>
    </paragraph>
    <paragraph num="D.">
      <text>The provisions set forth in §A—C of this regulation do not apply to emergency services.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".09" heading="Other Obligations of Debt Collectors.">
    <text>This chapter does not diminish any obligations of a debt collector, as defined under Regulation .01 of this chapter, under other applicable laws or regulations, including, without limitation, any requirement for the debt collector to obtain a collection agency license from the State Collection Agency Licensing Board in accordance with Business Regulation Article, Title 7, Subtitle 3, Annotated Code of Maryland.</text>
  </regulation>
  <annotations>
    <annotation type="Authority">Health-General Article, §§19-214.2, 19-214.3, 19-207, and 19-219, Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: December 11, 2025 (52:24 Md. R. 1198)</annotation>
  </annotations>
</chapter>