Section 127457 Of Article 2. Emergency Physician Fair Pricing Policies From California Health And Safety Code >> Division 107. >> Part 2. >> Chapter 2.5. >> Article 2.
127457
. (a) After the period described in Section 127455, and upon
the completion of appeals consistent with Section 127456, prior to
commencing further collection activities against a patient, the
emergency physician, any assignee of the emergency physician, or
other owner of the patient debt, including a collection agency, shall
not report adverse information to a consumer credit reporting agency
or commence a civil action, until after the patient has been
provided with a clear and conspicuous written notice containing both
of the following:
(1) A plain language summary of the patient's rights pursuant to
this article, the Rosenthal Fair Debt Collection Practices Act (Title
1.6C (commencing with Section 1788) of Part 4 of Division 3 of the
Civil Code), and the federal Fair Debt Collection Practices Act
(Subchapter V (commencing with Section 1692) of Chapter 41 of Title
15 of the United States Code). The summary shall include a statement
that the Federal Trade Commission enforces the federal act. The
summary shall be sufficient if it appears in substantially the
following form: "State and federal law require debt collectors to
treat you fairly and prohibit debt collectors from making false
statements or threats of violence, using obscene or profane language,
and making improper communications with third parties, including
your employer. Except under unusual circumstances, debt collectors
may not contact you before 8 a.m. or after 9 p.m. In general, a debt
collector may not give information about your debt to another person,
other than your attorney or spouse. A debt collector may contact
another person to confirm your location or to enforce a judgment. For
more information about debt collection activities, you may contact
the Federal Trade Commission by telephone at 1-877-FTC-HELP
(382-4357) or online at www.ftc.gov."
(2) A statement that nonprofit credit counseling services may be
available in the area.
(b) The notice required by subdivision (a) shall also accompany
any document indicating that the commencement of collection
activities may occur.
(c) The requirements of this section shall apply to the entity
engaged in reporting adverse information to a consumer credit
reporting agency or commencing a civil action against the patient. If
an emergency physician assigns or sells the debt to another entity,
the obligations shall apply to the entity, including a collection
agency, engaged in the debt collection activity.