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Medical Debt Toolbox

 

NCLC has compiled medical debt resources for advocates. Resources include free NCLC articles, links to relevant NCLC treatise material, pleadings and discovery, written submissions from past NCLC conferences, some of which is free to the consumer law community and some is restricted to vetted practitioners, and more.


 

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consumer law practitioners sit in a conference room at an NCLC conference



Conference materials from NCLC & NACA conferences are available for free on the NCLC Digital Library for verified community members. To be a verified community member, users must be any of the following: legal aid, active NACA member, or attendee at an NCLC & NACA conference within the last three years. Users must be logged in to access conference materials. Click here to learn more about and register for NCLC and NACA conferences.

Conference Materials

Medical Debt Defense 101 (2024 CRLC)

Sample Defenses and Declaratory Relief: Medical Debt (2024 CRLC)
Medical Debt 101 (2024 CRLC) (PowerPoint)
NCLC, Can a Nursing Home Force a Resident's Family and Friends to Pay the Bill?
Consent to Treatment (2024 CRLC)
CFPB and CMS, Notification Letter: Nursing Facility Debt Collection Practices (Sept. 8, 2022)
Charity Care Letter (2024 CRLC)
CFPB, Nursing Home Debt Collection (Sept. 2022)
CFPB, Debt Collectors That Take Advantage of Surviving Spouses and Their Vulnerabilities (Sept. 20, 2024)
Sample Medical Debt Affidavit (2024 CRLC)

Intro to Fair Credit Reporting Act and Medical Lending Products (2024 CRLC)

Medical Debt Intensive: Intro to Fair Credit Reporting Act and Medical Lending Products

Using the No Surprises Act to Help Patients with Surprise Medical Debt (2024 CRLC)

Using the No Surprises Act to Help Patients with Surprise Medical Debt (2024 CRLC)

A1-24: ABCs of Stopping Debt Collection Harassment (2024 CRLC)

A1-24: ABCs of Stopping Debt Collection Harassment 2024 (PowerPoint)
Complaint, Christian v. Amscot Fin. (M.D. Fla. May 3, 2022)

H4-24: Advanced Medical Debt Defense: Effective Defenses and Counterclaims (2024 CRLC)

H4-24: Advanced Medical Debt Defense: Effective Defenses and Counterclaims (PowerPoint)
Medical Debt Defense and Litigation
Jackson Counterclaim Case Study
Sample Discovery
Sample Affirmative Defenses
Appeal (Allen v. Clarian Health Partners)
Decision (Dupont Hospital v. Schaefer)

Medical Debt and the FDCPA (2022 CRLC)

E2: Medical Debt and the FDCPA
Medical Debt and the FDCPA
Deceptive Acts in Medical Billing

 

Treatise Content

Collection Actions

9.1.1 The Problem of Medical Debt
9.1.2 Aggressive Debt Collection
9.1.4 Practical Solutions for Medical Debt
9.1.5 Determining the Extent of a Consumer’s Medical Debt
9.2.1 Applicability of FDCPA to Medical Debt
 9.2.3 Limited CFPB Supervision over Medical Debt Collectors
9.2.4 Examples of FDCPA Violations by Debt Collectors Collecting Medical Bills
9.3.1.2 Coverage of ACA Medical Debt Provisions
9.3.4 Emergency Medical Treatment and Active Labor Act (EMTALA)
9.3.5 Debt Collection and Privacy of Medical Information
9.3.6.1 Impact of Medical Debt on Credit Reports
9.3.6.2 Limits on Reporting of Medical Debt
9.3.6.3 Right to Dispute Erroneous Medical Debt Reporting
9.3.6.4 Limits on Reporting Agencies Furnishing Medical Information
9.3.9 Military Medical Debt
9.4.1 State Remedies for Medical Debt Collection Abuses
9.4.2.4 Other UDAP Claims Related to Medical Debt
9.4.4.1 Pitfalls of Medical Debt Converted to Credit Card or Other Debt
 

Consumer Bankruptcy Law and Practice

6.2.2.4.2 Medical debts
 

Consumer Warranty Law

1.6.2.1.1 The review system for medical devices
2.2.1.4 Medical Devices
 

Credit Discrimination

2.2.2.6 Medical Treatment
 

Fair Credit Reporting

14.2.6 Dissemination of the Consumer’s Medical and Personal Information
16.8.8 Medical Debt Collection Items
5.4.1 Medical Information Definition
5.4.2 Consumer Reporting Agencies Required to Obtain Consent to Report Medical Information
5.4.3 Restrictions on Reporting the Identifying Information of Medical Information Furnishers
5.4.4 Affiliate Sharing Exception Not Applicable to Medical Information
5.4.5.1 Restrictions on Reporting Medical Debt Generally
5.4.5.2 Veteran’s Medical Debt
5.4.6.1 Creditors May Not Discriminate Against Applicants on the Basis of Medical Information
5.4.6.3 Medical Financial Information Exception
5.4.6.4 Special Purpose Credit Assistance and Medical Financing Programs
7.4.9 Impermissible Use of Medical Information


Fair Debt Collection

1.3.1.5 Race, Ethnicity, and Debt Collection
1.3.1.6 Older Americans and Debt Collection
11.8.3 Medical Conditions Arising from Debt Collection Abuses
2.6.2.2.3 Medical conditions arising from debt collection abuses
4.8.9.3 When Is a Medical Debt in Default?
7.4.13a.2 FDCPA Advisory Opinion on Deceptive and Unfair Collection of Medical Debt
7.4.13a.3 FDCPA Claims Where Medical Debt Violates the Federal No Surprises Act


Unfair and Deceptive Acts and Practices

2.3.10.4 Hospitals, Nursing Homes, Laboratories, Medical Supplies
2.5.8.4 Medical Devices
9.3.3 Other Medical Cures, Weight Loss and Personal Care Products


Surviving Debt

Correcting Your Medical Bills
Debt Collectors and Medical Debt
Limits on Credit Reporting of Medical Debt
Medical and Dental Care
Paying Medical Debt Is a Low Priority; Don’t Put It on a Credit Card

 

 

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various NCLC treatise covers

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