Legal Question in Consumer Law in California

Re: Health & Safety code §§ 127400 et seq.

Thank you for asking this question, as I was not aware of this new law regarding medical bill collections. Other LawGuru lawyers reading this question and answer should be sure and look up these new sections of the Health & Safety Code!

The question as to whether Section 127430 applies to cases already filed is a good one. It could be the basis for an appeal by you if you lose the case (which could happen). Section 127430 does not specify a remedy for its violation.

There is a body of law on the subject of when a new law does, or does not, apply to lawsuits that are already underway and I have not done any research on this subject. I would go to the law library, look in Witkin's Summary of California Law / Witkin's Procedure and look up the difference between "procedural" and "substantive" changes to the law.

You need to be sure the argument is preserved for appeal / presented properly in the trial court, for example by means of a trial brief. Be sure to request a "statement of decision" at the trial -- don't forget to do this!

There may be other things you need to do to make the medical provider / collection agency aware of their obligations under the new laws such as writing them certified mail letters informing them of their obligations under the new law, requesting a copy of their charitable care policy, or applying for their charitable care program. You seem to be headed in the right direction. With a little diligence and luck, you could not only win the collection case but you could also put yourself in a posture to sue the provider and/or collection agency under FDCPA or other law. Good luck!