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Medical bills can be a significant source of stress, especially if you're struggling to pay them. In the United States, creditors can garnish wages to collect on debt, including medical bills.
If you're facing medical debt, it's essential to understand your rights and options. You can't be garnished for medical bills if you're already receiving Medicare or Medicaid.
The amount of wages that can be garnished varies by state, but in most cases, it's a maximum of 25% of your disposable income. This means that creditors can take a quarter of the money you have left after taxes and other deductions.
If you're facing wage garnishment, you should take immediate action to protect your income.
Can Medical Bills Garnish Wages?
Medical bills can be a significant source of stress, and wage garnishment is a serious consequence of unpaid medical debt. Medical debt can be sent to a collections agency like any other debt.
In Texas, a new law requires health care providers to send an itemized bill before sending the account to collections. This law aims to provide transparency and help consumers understand their medical bills.
If a medical bill is not sent within the timeframe required by Texas law, the healthcare provider cannot try to collect payment for certain charges. These charges include those that a patient could be reimbursed for by a health plan.
Here are some examples of charges that may not be collectible if the bill is not sent in a timely fashion:
- charges a patient could be reimbursed for by a health plan
- charges that a patient would not have owed if the provider billed them in a timely fashion
Medical debt is unique because consumers have less ability to shop around for medical services. This lack of competition can lead to higher costs and more confusion when it comes to medical billing and collections.
Understanding Medical Debt
Medical debt can be sent to collections just like any other debt, but non-profit hospitals may be required to provide financial assistance before doing so. A new Texas law requires health care providers to send an itemized bill before sending the account to collections.
Medical debt can have a significant impact on your credit, and in 2023, the 3 major credit reporting agencies announced that they will no longer report medical debt under $500.
Medical debt is often unexpected and can be overwhelming, especially for those who don't have insurance. According to data from the U.S. Census Bureau, 19% of American households couldn't afford to pay for medical care they received right away.
Managing Unpaid Debt
Managing unpaid medical debt is a stressful and overwhelming experience, but there are steps you can take to reduce what you owe and minimize its impact on your finances and credit score.
Many people struggle to pay their medical bills because they can't afford them, with 19% of American households unable to pay for medical care right away, according to the U.S. Census Bureau.
To manage your medical debt, it's essential to be proactive and address the issue as soon as possible. This means reviewing your bills carefully to ensure they're accurate and negotiating with your healthcare provider to lower the amount you owe.
If you're unable to pay your medical debt, you may be eligible for financial assistance. Non-profit hospitals, for example, may be required to provide financial assistance to patients who are unable to pay.
In Texas, a new law requires healthcare providers to send an itemized bill before sending the account to collections, which must contain "plain language descriptions" of the services provided.
To reduce your medical debt, consider the following tips:
- Negotiate your bill with your healthcare provider's medical billing manager.
- Request hardship assistance if you're experiencing financial hardship.
- Compare the price you were billed to those charged by other providers in your area using websites like NewChoiceHealth.com or HealthcareBluebook.com.
By taking these steps, you can reduce your medical debt and minimize its impact on your finances and credit score.
Timely Billing
In Texas, there's a law that requires healthcare providers to bill patients in a timely manner. This law is known as "timely billing".
The law states that healthcare providers must send a bill to a patient no later than the first day of the 11th month after services were provided. If the bill is not sent within this timeframe, the provider cannot try to collect payment for certain charges.
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These charges include those that the patient could be reimbursed for by a health plan, and those that the patient would not have owed if the provider had billed them in a timely fashion.
Here are some specific charges that are affected by timely billing:
- charges a patient could be reimbursed for by a health plan
- charges that a patient would not have owed if the provider billed them in a timely fashion
The Texas Civil Practice and Remedies Code, Chapter 146, prevents healthcare providers from collecting on medical debts that were not billed in a timely fashion.
Federal and State Laws
The Debt Collection Improvement Act authorizes federal agencies or collection agencies under contract with them to garnish up to 15% of disposable earnings to repay defaulted debts owed to the U.S. government.
In addition to federal laws, state laws may also apply to wage garnishments, and if a state wage garnishment law differs from the wage garnishment provisions of the CCPA, the law resulting in the lower amount of earnings being garnished must be observed.
The wage garnishment provisions of the CCPA set the maximum amount that may be garnished in any workweek or pay period, regardless of the number of garnishment orders received by the employer. The weekly amount may not exceed the lesser of two figures: 25% of the employee's disposable earnings, or the amount by which an employee's disposable earnings are greater than 30 times the federal minimum wage (currently $7.25 an hour).
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Here are the maximum garnishment amounts based on current federal minimum wage of $7.25 per hour:
Texas Law
Texas has its own laws regarding medical debt and wage garnishments. A new Texas law requires health care providers to send an itemized bill before sending the account to collections. This bill must contain "plain language descriptions" of the services provided.
The Texas Health & Safety Code, Chapter 185, outlines the requirements for health care providers to provide specific information to patients before their medical debt can be sent to a collection agency. This includes guidance on how to comply with the new health care billing law.
Health care providers in Texas must now follow these new regulations, which aim to provide greater transparency and protection for patients. This is a positive step towards protecting consumers from unfair debt collection practices.
Here's a summary of the key points in the Texas law:
- Health care providers must send an itemized bill before sending the account to collections.
- The itemized bill must contain "plain language descriptions" of the services provided.
- The Texas Health & Safety Code, Chapter 185, outlines the requirements for health care providers to provide specific information to patients.
Federal Agency Debts
Federal agencies can garnish up to 15% of disposable earnings to repay defaulted debts owed to the U.S. government.
The Higher Education Act authorizes the Department of Education's guaranty agencies to garnish up to 15% of disposable earnings to repay defaulted federal student loans.
Such withholding is also subject to the wage garnishment provisions of the CCPA, but not state garnishment laws.
Unless the total of all garnishments exceeds the CCPA's limits on garnishment, questions regarding such garnishments should be referred to the agency initiating the withholding action.
Curious to learn more? Check out: How to Stop Garnishment for Medical Bills
Proposed Federal Regulations
In 2024, the Consumer Financial Protection Bureau proposed federal rules to limit the use of medical debt in credit reports.
The CFPB proposed to ban medical bills from credit reports. This move aims to protect consumers from having their credit scores negatively impacted by medical debt.
The proposed regulation would affect both creditors and consumer reporting agencies. They would be prohibited from including medical information in credit reports.
The CFPB's proposal was published in the Federal Register under the title "Prohibition on Creditors and Consumer Reporting Agencies Concerning Medical Information".
Check this out: Consumer Finance Protection Bureau Debt Verification Letter
Frequently Asked Questions
What is the most they can garnish from your paycheck?
The most an employer can garnish from your paycheck is 25% of your disposable earnings or the amount that is 30 times the federal minimum wage, whichever is less. This is the maximum amount that can be taken from your paycheck under federal law.
Sources
- https://www.dol.gov/agencies/whd/fact-sheets/30-cppa
- https://guides.sll.texas.gov/debt-collection/medical-debt
- https://dfpi.ca.gov/news/insights/medical-debt-collection-know-your-rights/
- https://www.investopedia.com/personal-finance/medical-debt-what-do-when-you-cant-pay/
- https://www.justia.com/debt-management/creditor-collection-methods/wage-garnishment/
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