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Substitute House Bill No. 5127
Public Act No. 26-6
AN ACT CONCERNING CREDIT CARDS AND HEALTH AND
VETERINARY CARE SERVICES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective January 1, 2027) (a) As used in this section:
(1) "Ancillary product" (A) means any product, other than a health
care service or veterinary service, that is sold by a health care provider
or veterinary care provider to a consumer who purchases a health care
service or veterinary service from such prov ider, and (B) does not
include any food product intended for animal consumption;
(2) "Consumer" means any individual who is physically present in
this state;
(3) "Health care provider" (A) means any person, including, but not
limited to, any facility or institution, licensed or certified by this state to
provide health care services to patients, and (B) in the case of an entity,
includes, but is not limited to, any employee, agent or independent
contractor of such entity acting in the course and scope of such
employee's, agent's or independent contractor's employment, agency or
authority;
(4) "Health care service" means any service or product, including, but
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not limited to, any hospital, medical, surgical, dental, vision or
pharmaceutical service or product, provided to a patient in this state by
a health care provider acting within such provider's scope of practice;
(5) "Patient" means any individual in this state who receives any
health care service provided by a health care provider;
(6) "Person" means any individual, association, company, limited
liability company, corporation, partnership, sole proprietorship, trust or
other legal entity;
(7) "Quick response code" means a two-dimensional matrix barcode
that consists of blocks arranged in a grid and may be read by an imaging
device;
(8) "Third -party financing" (A) means any line of credit or loan
offered or extended by a third party, (B) includes, but is not limited to,
any open-end credit plan, as defined in 15 USC 1602, as amended from
time to time, offered or extended by a third pa rty, and (C) does not
include any line of credit or loan offered or extended by a health care
provider or veterinary care provider to a consumer in which the
provider is the creditor;
(9) "Veterinary care provider" (A) means any veterinarian licensed
pursuant to chapter 384 of the general statutes, and (B) includes, but is
not limited to, any employee, agent or independent contractor of a
veterinarian licensed pursuant to chapter 384 of the general statutes
acting in the course and scope of such employee's, agent's or
independent contractor's employment, agency or authority; and
(10) "Veterinary service" means any service or product, including, but
not limited to, any hospital, medical, surgical, dental, vision or
pharmaceutical service or product, provided to an animal in this state
by a veterinary care provider acting within such provider's scope of
practice.
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(b) On and after January 1, 2027, no health care provider or veterinary
care provider shall:
(1) Advertise, market, solicit, promote or offer any third -party
financing to a consumer:
(A) By including such provider's branding, or the branding of such
provider's practice, on any signage that is used to advertise, market,
solicit, promote, offer or extend any third-party financing to consumers;
(B) By providing the consumer with access to any software, or with
the address of any Internet web site or a hyperlink or quick response
code to any Internet web site, that (i) is maintained by or on behalf of a
third-party for the purpose of offering or e xtending third -party
financing to consumers, and (ii) includes such provider's branding or
the branding of such provider's practice;
(C) While the consumer is under the influence of general anesthesia,
conscious sedation, moderate sedation or nitrous oxide;
(D) While such health care provider is providing any health care
service to the patient; or
(E) While the consumer is in any area of a facility or institution that
is used to provide any health care service or veterinary service,
including, but not limited to, any examination room or operating room,
unless (i) such facility or institution does no t include an area that is
separated from the areas of such facility or institution used to provide
health care services or veterinary services, or (ii) if such consumer's
animal or an animal under such consumer's care is receiving any
veterinary service, relocating such consumer to an area that is separated
from the areas of such facility or institution used to provide veterinary
services would not, in the veterinary care provider's professional
judgment, pose a risk of harm to such animal;
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(2) Receive any financial incentive or compensation in exchange for
advertising, marketing, soliciting, promoting or offering any third-party
financing to a consumer;
(3) Complete an application for third-party financing, or any portion
thereof, for a consumer;
(4) Submit an application for third -party financing on behalf of a
consumer;
(5) Charge a third-party financing account for the cost of a health care
service or veterinary service, or any portion of the cost of such service,
before the date on which such service is provided to the patient or
animal receiving such service, except su ch provider may charge such
account for such cost, or such portion of such cost, prior to such date if
such provider has incurred such cost or such portion of such cost; or
(6) Charge a third-party financing account for the cost of any ancillary
product, or any portion of the cost of such product, unless the consumer
paying for the health care service or veterinary service associated with
such product (A) receives a receipt that identifies such product and the
cost of such product, or (B) separately consents, in writing, to purchase
such product.
(c) (1) Except as provided in subdivision (2) of this subsection, a
health care provider or veterinary care provider that, on or after January
1, 2027, engages in any discussion with a consumer concerning the terms
and conditions of third -party financing s hall provide the following
written disclosure to the consumer in at least fourteen-point type and in
the primary language in which such provider communicates with such
consumer:
"THIRD-PARTY FINANCING DISCLOSURE
Any discussion of third-party financing involves a credit card, line of
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credit or loan to help you finance or pay for treatment by this provider.
Such lending product IS NOT A PAYMENT PLAN WITH THIS
PROVIDER. It is a credit card, line of credit or loan from a third -party
lender. Your provider does not work for this company. Yo ur provider
may not complete or submit any application for third -party financing
on your behalf.
You do not have to apply for third -party financing to pay your
provider. You may pay your provider in another manner. Your provider
may offer its own payment plan. You are encouraged to explore any
public or private insurance options that may cover your treatment.
The lender or creditor may offer a "promotional period" to pay back
the amount borrowed without interest. You should carefully consider
the terms of the promotion, and whether you may owe interest if the
promotional balance is not paid in full. Furthermore , if you miss a
payment or do not make a payment on time, you may have to pay a
penalty and/or a higher interest rate. If you do not pay the money that
you owe to the creditor or lender, your missed payments can appear on
your credit report and could hurt your credit score. You could also be
sued by the creditor or lender if you do not repay the money you owe.
If your provider has completed or submitted an application for third-
party financing on your behalf, you may file a complaint by contacting
the office of the Attorney General at (health care provider or veterinary
care provider inserts the address of the Attorney General's Internet web
site) or by calling (health care provider or veterinary care provider
inserts the telephone number of the office of the Attorney General).
(Consumer's signature)".
(2) No health care provider or veterinary care provider shall be
required to provide the written disclosure required under subdivision
(1) of this subsection in any instance in which such provider states that
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such provider accepts third -party financing as a form of payment but
does not discuss the terms and conditions of such third-party financing.
(d) (1) On and after January 1, 2027, and except as provided in
subdivision (2) of this subsection, if any health care provider or
veterinary care provider sells any ancillary product to a consumer who
purchases such product with any third -party financing, such provider
shall, during the thirty-day period beginning on the date on which such
product was sold to such consumer:
(A) Allow the consumer to return such product to such provider; and
(B) Refund the full purchase price of such product to such consumer.
(2) The provisions of subdivision (1) of this subsection shall not be
construed to require any health care provider or veterinary care
provider to accept any returned ancillary product, or provide any
refund for any returned ancillary product, if:
(A) Such product was customized to an extent that would preclude
any individual or animal, other than the individual or animal for whom
such product was sold, from using such product; or
(B) After such product was sold to the consumer who purchased such
product, such returned product was (i) used, damaged or tampered
with, or (ii) stored in a manner that was inconsistent with the ancillary
product manufacturer's instructions and therefore may have caused
such product to have become adulterated, contaminated or
compromised.
(e) Nothing in subsections (b) to (d), inclusive, of this section shall be
construed to abrogate or in any way interfere with any agreement
entered into by a health care provider or veterinary care provider prior
to January 1, 2027.
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(f) Any violation of the provisions of subsections (b) to (d), inclusive,
of this section shall constitute an unfair or deceptive trade practice for
the purposes of subsection (a) of section 42 -110b of the general statutes
and shall be enforced solely by the Attorney General. The provisions of
section 42 -110g of the general statutes shall not apply to any such
violation.