Nev. Admin. Code § 649.Sec. 4

Current through October 11, 2024

Section 649.Sec. 4 - NEW

1. A collection agency must send a 60-day notification to a medical debtor when the medical debt is assigned to the collection agency unless the notification was previously sent by a prior collection agency.

2. In addition to the information required by section 7 of Senate Bill No. 248, chapter 291, Statutes of Nevada 2021, at page 1669 (NRS 649.366), a collection agency shall include, on the front of the 60-day notification:

(a) Within the body of the notification, in all capital letters and in at least a 12-point bold type or font:

THIS IS NOT A DEMAND FOR PAYMENT.

(b) Within the body of the notification, in at least a 12-point bold type or font:

This notice is to inform you that your medical debt described herein was [assigned to OR obtained by] us, [insert name of collection agency]. As provided in sections 2 to 8.5, inclusive, of Senate Bill No. 248, chapter 291, Statutes of Nevada 2021, at pages 1668, 1669 and 1670 (NRS 649.036 to 649.369, inclusive), we will not take any action to collect this debt within 60 days after the date of this letter. Any payments made toward the debt during this timeframe are considered voluntary and will not void the 60-day notification period described above.

This medical debt will not be reported to any credit reporting agency during the 60-day notification period.

Any voluntary payment you make toward this medical debt during the 60-day notification period will not extend the applicable statute of limitations, is not an admission of liability and shall not be construed as a waiver of any defense to the collection of the medical debt.

This notification is not intended to constitute a communication under the federal Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq.

3. A 60-day notification sent pursuant to this section and section 7 of Senate Bill No. 248, chapter 291, Statutes of Nevada 2021, at page 1669 (NRS 649.366), is not intended to constitute a communication under the federal Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq.

4. The Commissioner deems a 60-day notification to be a machine-derived form letter for the purposes of NAC 649.280.

Nev. Admin. Code § 649.Sec. 4

Added to NAC by Comm'r of Financial Institutions by R055-21A, eff. 6/13/2022

NRS 649.053