Laws in Kentucky for Medical Bills on Credit Reports

Laws in Kentucky for Medical Bills on Credit Reports
Kentucky is not alone: the number of citizens with crushing medical debt is on the rise in every state.

Credit Score

Many people believe that medical debt is not included in the calculation of FICO credit scores. They’re wrong. In a hearing by the House of Representatives Financial Services Subcommittee on May 12, 2010, a representative from FICO, the dominant credit-scoring agency, admitted that collection accounts for medical debt are factored into the consumer’s FICO score. You are entitled by law to get one free credit report from each credit bureau per year (a fee can be charged for more than that number); however, apparently this does does not necessarily apply to your FICO score. In 2009, Experian took the position that the access law does not apply to FICO scores. As of 2010, the law has not been clarified. Experian won't give you your FICO score at all—even if you're willing to pay for it. You can, however, get your TansUnion and Equifax FICO scores—but not for free.

Medical debt is factored in on FICO scores.

Reporting

Doctors and hospitals don’t report directly to the credit bureaus; they turn unpaid accounts over to collection agencies, which report it. The law does not prohibit medical debt from appearing on your credit report as a “Collection Account” with the type of debt listed as “medical.”

It's legal to report medical debt

Statute of Limitations

Medical debt is not treated differently than credit card debt in Kentucky. State law KRS 413.120 sets the statute of limitations for medical collection accounts to appear on your credit report at five years; the same as for credit cards.

After five years, a debt—including medical debt—must be removed from your credit report.

Deleting Paid Accounts

In Kentucky, collection accounts for medical debt can remain on your credit report for five years—even if you pay it. Your report must reflect that the account is paid, but it still has a negative effect on your credit score. Federal legislation has been introduced in Congress, HR 3421, called the Medical Debt Relief Act of 2009, to prohibit this. It would require that collection accounts for medical debt be removed from your report within 30 days of its being paid; however Kentucky Senator Mitch McConnell is on record as opposing it.

The Medical Debt Relief Act of 2009 has yet to become law.