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The agency "effectively dared the incoming Trump administration and its Republican allies in Congress to undo rules that are broadly popular," wrote one healthcare reporter.
Months after more than half of respondents to an Associated Press poll said it was "extremely or very important" for the federal government to take action to help people with medical debt, the Consumer Financial Protection Bureau on Tuesday finalized a rule to keep such debt off credit reports.
With broad public support, the rule appeared to be an uncontroversial slam dunk for the Biden administration in the last days of President Joe Biden's presidency—but Republicans, who now have majorities in Congress and are poised to take over the White House in less than two weeks, have signaled that they would take action to undo the CFPB's regulations, including the medical debt rule.
U.S. Sen. Tim Scott (R-S.C.), the new chair of the Senate Banking Committee, said last month that the CFPB should halt all rulemaking until President-elect Donald Trump takes office.
"It is paramount that President Trump can begin his administration on January 20 with a fresh slate to implement the economic agenda that the American people resoundingly voted for," Scott said.
The senator's comments suggested that Americans who voted for Trump did so in order to continue paying overdraft fees, having their personal information sold by predatory data brokers, and being penalized for owing medical bills—all of which the CFPB has taken action on since the November elections.
As Noam N. Levey wrote at KFF Health News, the CFPB on Tuesday "effectively dared the incoming Trump administration and its Republican allies in Congress to undo rules that are broadly popular and could help millions of people who are burdened by medical debt."
"People who get sick shouldn't have their financial future upended."
The new rule would remove $49 billion in unpaid medical debt from credit reports by amending Regulation V, which implements the Fair Credit Reporting Act.
Lenders are restricted from obtaining or using medical information to make lending decisions. But federal regulators have created an exception to that restriction, allowing companies to consider medical debt. The new rule ends that exception by banning medical bills on credit reports, which the CFPB said has led to a practice of using the credit reporting system to coerce payments even if bills are inaccurate, as they frequently are, according to the agency.
About 15 million people will be helped by the new regulation, said the CFPB, with credit scores of people with medical debt boosted by an average of 20 points.
An estimated 100 million Americans owe debt for healthcare they've obtained, forcing many to cut spending on groceries, housing, and other essentials.
An informal KFF Health News poll of people facing eviction or foreclosure in the Denver area in 2023 found that nearly half of people surveyed said medical debt played a role in their housing insecurity.
The inclusion of medical debt on credit reports by companies like Experian, Equifax, and TransUnion can harm Americans' ability to obtain jobs, mortgages, and rental apartments, even as CFPB research shows that medical debt is a poor predictor of whether a consumer will repay a loan.
"People who get sick shouldn't have their financial future upended," said CFPB Director Rohit Chopra. "The CFPB's final rule will close a special carveout that has allowed debt collectors to abuse the credit reporting system to coerce people into paying medical bills they may not even owe."
Billionaire Trump megadonor Elon Musk, who has become a top adviser to the president-elect and was picked to co-lead the proposed Department of Government Efficiency, has made clear that the CFPB would be a key target of the advisory body, calling for the agency to be "deleted" in November.
Despite Republicans' repeated claims that Trump will lead the party in securing an agenda that serves working families, lobbying by the credit reporting industry over the medical debt rule has made clear whose side the GOP is on.
Equifax said in August, two months after the CFPB proposed the rule, that the government is "not permitted" to regulate the industry in such a way.
House Financial Services Committee Chairman Patrick McHenry (R-N.C.) also called the proposal "regulatory overreach."
Chopra said last month that despite Republicans' objections, the CFPB would not "be a dead fish" ahead of Trump's term.
"We will continue to defend consumers' rights," he said, "and to hold companies accountable."
After UnitedHealthcare's Brian Thompson was gunned down, America’s health care powers feel and fear the U.S. public’s anger now more than ever.
Over 8,000 Americans, on average, die every day. Many of these Americans die unnecessarily. Their cause of death? The United States — our planet’s richest nation — still does not have in place a national health care system that guarantees everyone adequate medical attention.
One particular American’s death last week has refocused attention on that absence. On December 4, a gunman murdered the chief executive of a corporate insurance powerhouse that regularly registers hefty profits denying health help to sick people who desperately need it.
That chief exec — UnitedHealthcare’s 50-year-old Brian Thompson — died on a Manhattan sidewalk after a short hail of bullets from a still unidentified assassin.
The bullet casings from the shooting carried their own message. They read, according to police sources, “deny,” “defend,” and “depose,” a clear reference to the profit-first gameplan America’s giant insurers ever so relentlessly follow: deny the claim, defend the lawsuit, depose the patient.
Thompson stepped into the UnitedHealth empire over two decades ago and, notes the American Prospect journalist Maureen Tkacik, spent most of his career there “running its Medicare business, the cash cow around which much of the far-flung health care colossus essentially revolves.”
Our health care system, in the end, shouldn’t be making our rich richer.
Three years ago, Thompson became the CEO of this “cash cow,” UnitedHealth’s biggest branch. His UnitedHealthcare unit’s 140,000 employees last year pulled down over a quarter-trillion dollars — $281 billion — in revenue. That intake helped his company’s annual profits jump 33 percent over their 2021 level. Thompson himself last year pocketed $10.2 million in personal compensation.
The chief exec of the overall UnitedHealth operation, Andrew Witty, at his end collected some $23.5 million, enough to rank him the nation’s highest-paid health insurance CEO. Witty’s take-home equaled 352 times the pay of UnitedHealth’s typical employee.
What’s been making UnitedHealth’s operations so rewarding for execs at the company’s summit? UnitedHealth operates in the shadowy world of “Medicare Advantage,” the program that gives America’s senior citizens the option to contract out their Medicare to private health-service providers.
These private providers collect fixed fees from the federal government for each of the senior citizens they enroll. They make money when the cost of providing health care to those seniors amounts to less than what the U.S. Department for Health and Human Services pays them in fees. And that core reality gives private providers an ongoing incentive to limit the care their patients receive.
No Medicare Advantage provider, the American Prospect’s Maureen Tkacik points out, has done more than UnitedHealthcare to systematically seize the opportunity that incentive creates — “by simply denying claims for treatments and procedures it unilaterally deems unnecessary.” Industry-wide, Medicare Advantage providers deny 16 percent of patient claims. UnitedHealthcare, the Boston Globe has reported, last year denied patient claims at a 32 percent rate.
The massive advertising campaigns that Medicare Advantage inflict upon the American people never, of course, mention anything about denials or the limits Medicare Advantage plans place on which doctors their enrollees can see and which hospitals they can use. That advertising instead, the KFF health care think tank detailed last year, typically urges viewers to call a toll-free “Medicare” hotline that has no connection whatsoever with the federal government’s official Medicare hotline.
Many of the over 9,000 ads that Medicare Advantage outfits run daily during the annual fall open enrollment period, the KFF researchers add, misleadingly suggest that seniors may miss out on financial savings or benefits “if they don’t sign up for a Medicare Advantage plan.”
For the Medicare Advantage industry, all this advertising has paid off handsomely. Just over half of Medicare’s beneficiaries have now chosen to take privatized care over the original public Medicare.
Seniors with the good fortune to stay healthy usually don’t give their Medicare Advantage plans much of a second thought. But those seniors enrolled in Medicare Advantage who find themselves needing medical help all too often find themselves facing one frustration after another. Years of those frustrations erupted bitterly onto the national scene after Brian Thompson’s murder.
“Thoughts and deductibles to the family,” read one online reaction to a CNN posting of a shooting video. “Unfortunately my condolences are out-of-network.”
“Compassion withheld,” read another reaction, “until documentation can be produced that determines the bullet holes were not a preexisting condition.”
Within hours after Thompson’s death, a research institute at Rutgers University had found scores of similar-in-spirit posts that together reached 8.3 million viewers across multiple platforms. UnitedHealth’s official Facebook report on Thompson’s death, meanwhile, quickly drew 35,000 responses using the social networking “Haha” emoji — and only 2,200 emotes expressing “Sad.”
Some of the fiercest reactions to Thompson’s death came from within the medical community.
“This is someone who has participated in social murder on a mass scale,” a medical student wrote in one typical post.
“My patients died,” a nurse spat out in another, “while those bitches enjoyed 26 million dollars.”
“If there’s anything our fractured country seems to agree on,” musedBloomberg’s Lisa Jarvis, “it’s that the health care system is tragically broken, and the companies profiting from it are morally bankrupt.”
“To most Americans,” agreed the New Yorker’s Jia Tolentino, “a company like UnitedHealth represents less the provision of medical care than an active obstacle to receiving it.”
That obstacle, the numbers show, has been devastatingly effective. The United States, a recent Commonwealth Fund study found, currently rates last in health among major high-income nations. Americans “die the youngest and experience the most avoidable deaths” despite living in a nation that spends almost twice as much on health care — as a share of gross domestic product — as any of its high-income peers.
Some 25 percent of Americans, Gallup polling adds, have people in their family who have had to delay medical treatment for a serious illness because they couldn’t afford the care. Some 79 percent of America’s nurses, for their part, say they’re working in inadequately staffed health facilities.
Thompson’s murder won’t change any of those stats. The system that enriched him lives on — and the incoming Trump administration figures to make that system even worse. The corporate-friendly Heritage Foundation, in its controversial Project 2025 blueprint for the second Trump term, is proposing that Medicare Advantage become the “default option” for all new Medicare enrollees.
A move along that line, notes analyst Heather Cox Richardson, would “essentially privatize Medicare” and significantly raise the program’s cost.
With Thompson’s death, America’s health care powers feel and fear the American public’s anger now more than ever. These giants, Reuters reports, have already begun enhancing the security they provide their top execs.
The challenge for the rest of us? We need to help channel the anger about health care that so many Americans feel today toward ending the system that has so failed America’s health. We need to remake health care into a vital and vibrant public service.
Our health care system, in the end, shouldn’t be making our rich richer. Our richest instead should be paying enough in taxes to help all Americans stay healthy.
"This is just a drop in the bucket," a campaigner said. "Now, it's up to our lawmakers to make healthcare affordable for everyone in our state and to eliminate medical debt."
Mainers For Working Families, an advocacy group, announced on Thursday that it had partnered with a larger nonprofit to relieve $1.85 million worth of medical debt for 1,508 low-income people who live in Maine.
MFWF furnished a donation of $12,740 to Undue Medical Debt, a 501(c)(3) group formed by former collections executives, which bought the $1.85 million in debts; such debt is sold at pennies on the dollar.
The recipients, spread all over Maine, were people who live four times below the Federal Poverty Level or for whom medical debt totals more than 5% of their annual income.
"We can't turn back the clock for these people, but we had to do something," Evan LeBrun, MFWF's executive director, said in a statement.
"This is just a drop in the bucket," he added. "Now, it's up to our lawmakers to make healthcare affordable for everyone in our state and to eliminate medical debt."
BREAKING: Mainers for Working Families is partnering with @unduemeddebt to purchase and forgive $1.8 million in medical debt for over 1,500 Mainers across the state. pic.twitter.com/gkf4QELoiA
— Mainers For Working Families (@ForMainers) October 24, 2024
MFWF has worked on healthcare affordability issues since 2021 and medical debt since last year, a representative told Common Dreams. The group recently released a series of videos on the topic based on interviews conducted around Maine.
Undue Medical Debt formed in 2014 following inspiration from debt cancellation projects undertaken by Occupy Wall Street participants, including activist-intellectuals such as Astra Taylor and David Graeber. The nonprofit, which drew donor attention after it was featured by comedian John Oliver on his HBO show in 2016, has now canceled nearly $15 billion in medical debt, according to its website. Oliver himself made a contribution to the group, which was previously known as R.I.P. Medical Debt.
Nationwide, nearly 100 million people are dealing with unpaid medical bills, according to federal data.
The push for change in the field of medical debt has yielded a series of small victories. Last year, the three major consumer report agencies—Equifax, Experian, and TransUnion—stopped including medical debts below $500 on their credit reports, according to the Consumer Financial Protection Bureau. In June, the CFPB moved to ban all medical debt from credit reports, drawing praise from progressives such as Sen. Bernie Sanders (I-Vt.).
Vice President Kamala Harris, the Democratic presidential nominee, has pushed medical debt cancellation in her current role and pledged, as part of her economic agenda, to work with states to states to cancel more debt if she wins in November.
A working paper published by the National Bureau of Economic Research in April called into question the premise of Undue's work, finding that recipients of debt relief had no better credit scores or mental health than a control group. A co-author said the results had "disappointed" the researchers.
However, research has shown strong benefits to other forms of debt relief, and a 2023 survey conducted by Undue and other groups did show that medical debt negatively affected mental health for most people and caused 42% to delay further medical care.
Medical debt disproportionately affects people who are poor, Black, or disabled, according to Peterson-KFF Health System Tracker. About 3 million Americans have more than $10,000 in medical debt.
One is a woman named Kim, a resident of Old Town, Maine, whom MFWF interviewed in a recent video. She lives off of $26,200 per year and has roughly $2 million in debt, thanks to her fight with Addison's disease, a chronic endocrine disorder.
"I am really hoping that someone sees what is actually happening out there," she said. "God, I hope so."
Efforts to address the issue at the Maine state level have achieved mixed success. A modest reform bill that prevents debt accrual on medical debt did pass in Augusta in April.