source:
  type: regulation
  id: reg-v-1022.30
  authority: 12 CFR §1022.30 — Obtaining or using medical information in connection
    with a determination of eligibility for credit (Regulation V)
  description: 12 CFR §1022.30 — Obtaining or using medical information in connection
    with a determination of eligibility for credit.
  coverage_tier: operative
obligations:
- id: reg-v-1022.30-full
  canonical_id: reg-v-1022.30-full
  section: 12 CFR §1022.30 — Obtaining or using medical information in connection
    with a determination of eligibility for credit
  type: do
  tags:
  - regulator-direct
  - fcra
  - corpus-expansion
  - tier-operative
  primary_source:
    tier: 1
    authority: 12 CFR §1022.30 — Obtaining or using medical information in connection
      with a determination of eligibility for credit (Regulation V)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1022.30
    snapshot_id: ceafde2c39e2fc4c
    fetched_at: '2026-06-17T20:22:49Z'
    content_hash: sha256:fd82c1e125740b89b4360622eaf79904dfc43d9cfdcae0caf45f2d5acbf9d9ce
    paragraph_quote: '§ 1022.30 Obtaining or using medical information in connection
      with a determination of eligibility for credit. (a) Scope. This section applies
      to any person that participates as a creditor in a transaction, except for a
      person excluded from coverage of this part by section 1029 of the Consumer Financial
      Protection Act of 2010 , title X of the Dodd-Frank Wall Street Reform and Consumer
      Protection Act , Public Law 111-203 , 124 Stat. 137 . (b) General prohibition
      on obtaining or using medical information —(1) In general. A creditor may not
      obtain or use medical information pertaining to a consumer in connection with
      any determination of the consumer ''s eligibility, or continued eligibility,
      for credit , except as provided in this section. (2) Definitions. (i) Credit
      has the same meaning as in section 702 of the Equal Credit Opportunity Act ,
      15 U.S.C. 1691a . (ii) Creditor has the same meaning as in section 702 of the
      Equal Credit Opportunity Act , 15 U.S.C. 1691a . (iii) Eligibility, or continued
      eligibility, for credit means the consumer ''s qualification or fitness to receive,
      or continue to receive, credit, including the terms on which credit is offered.
      The term does not include: (A) Any determination of the consumer ''s qualification
      or fitness for employment, insurance (other than a credit insurance product),
      or other non-credit products or services; (B) Authorizing, processing, or documenting
      a payment or transaction on behalf of the consumer in a manner that does not
      involve a determination of the consumer ''s eligibility, or continued eligibility,
      for credit ; or (C) Maintaining or servicing the consumer ''s account in a manner
      that does not involve a determination of the consumer ''s eligibility, or continued
      eligibility, for credit . (c) Rule of construction for obtaining and using unsolicited
      medical information —(1) In general. A creditor does not obtain medical information
      in violation of the prohibition if it receives medical information pertaining
      to a consumer in connection with any determination of the consumer ''s eligibility,
      or continued eligibility, for credit without specifically requesting medical
      information . (2) Use of unsolicited medical information. A creditor that receives
      unsolicited medical information in the manner described in paragraph (c)(1)
      of this section may use that information in connection with any determination
      of the consumer ''s eligibility, or continued eligibility, for credit to the
      extent the creditor can rely on at least one of the exceptions in paragraph
      (e) of this section. (3) Examples. A creditor does not obtain medical information
      in violation of the prohibition if, for example: (i) In response to a general
      question regarding a consumer ''s debts or expenses, the creditor receives information
      that the consumer owes a debt to a hospital. (ii) In a conversation with the
      creditor''s loan officer, the consumer informs the creditor that the consumer
      has a particular medical condition. (d) [Reserved] (e) Specific exceptions for
      obtaining and using medical information —(1) In general. A creditor may obtain
      and use medical information pertaining to a consumer in connection with any
      determination of the consumer ''s eligibility, or continued eligibility, for
      credit: (i) To determine whether the use of a power of attorney or legal representative
      that is triggered by a medical condition or event is necessary and appropriate
      or whether the consumer has the legal capacity to contract when a person seeks
      to exercise a power of attorney or act as legal representative for a consumer
      based on an asserted medical condition or event; (ii) To comply with applicable
      requirements of local, state, or Federal laws; (iii) To determine, at the consumer
      ''s request, whether the consumer qualifies for a legally permissible special
      credit program or credit-related assistance program that is: (A) Designed to
      meet the special needs of consumers with medical conditions; and (B) Established
      and administered pursuant to a written plan that: (1) Identifies the class of
      persons that the program is designed to benefit; and (2) Sets forth the procedures
      and standards for extending credit or providing other credit-related assistance
      under the program; (iv) To the extent necessary for purposes of fraud prevention
      or detection; (v) In the case of credit for the purpose of financing medical
      products or services, to determine and verify the medical purpose of a loan
      and the use of proceeds; (vi) Consistent with safe and sound practices, if the
      consumer or the consumer ''s legal representative specifically requests that
      the creditor use medical information in determining the consumer ''s eligibility,
      or continued eligibility, for credit , to accommodate the consumer ''s particular
      circumstances, and such request is documented by the creditor; (vii) Consistent
      with safe and sound practices, to determine whether the provisions of a forbearance
      practice or program that is triggered by a medical condition or event apply
      to a consumer ; (viii) To determine the consumer ''s eligibility for, the triggering
      of, or the reactivation of a debt cancellation contract or debt suspension agreement
      if a medical condition or event is a triggering event for the provision of benefits
      under the contract or agreement; (ix) To determine the consumer ''s eligibility
      for, the triggering of, or the reactivation of a credit insurance product if
      a medical condition or event is a triggering event for the provision of benefits
      under the product; or (x) So long as the conditions in paragraphs (e)(1)(x)(A)
      through (C) of this section are met: (A) ( 1 ) The medical information is included
      in the transaction information of an account for a consumer financial product
      or service described in 12 CFR 1033.111 (b)(1) through (3), and accessed with
      the consumer ''s authorization; or (2) The medical information relates to income,
      benefits, or the purpose of the loan, including the use of proceeds. Medical
      information relating to income and benefits includes, for example, the dollar
      amount and continued eligibility for disability income, workers'' compensation
      income, or other benefits related to health or a medical condition that is relied
      on as a source of repayment. (B) The creditor uses the medical information in
      a manner and to an extent that is no less favorable than it would use comparable
      information that is not medical information in a credit transaction. (C) The
      creditor does not take the consumer ''s physical, mental, or behavioral health,
      condition or history, type of treatment, or prognosis into account as part of
      the determination of the consumer ''s eligibility, or continued eligibility,
      for credit . (2) Example of determining eligibility for a special credit program
      or credit assistance program. A not-for-profit organization establishes a credit
      assistance program pursuant to a written plan that is designed to assist disabled
      veterans in purchasing homes by subsidizing the down payment for the home purchase
      mortgage loans of qualifying veterans. The organization works through mortgage
      lenders and requires mortgage lenders to obtain medical information about the
      disability of any consumer that seeks to qualify for the program, use that information
      to verify the consumer ''s eligibility for the program, and forward that information
      to the organization. A consumer who is a veteran applies to a creditor for a
      home purchase mortgage loan. The creditor informs the consumer about the credit
      assistance program for disabled veterans and the consumer seeks to qualify for
      the program. Assuming that the program complies with all applicable law, including
      applicable fair lending laws, the creditor may obtain and use medical information
      about the medical condition and disability, if any, of the consumer to determine
      whether the consumer qualifies for the credit assistance program. (3) Examples
      of verifying the medical purpose of the loan or the use of proceeds. (i) If
      a consumer applies for $10,000 of credit for the purpose of financing vision
      correction surgery, the creditor may verify with the surgeon that the procedure
      will be performed. If the surgeon reports that surgery will not be performed
      on the consumer , the creditor may use that medical information to deny the
      consumer ''s application for credit, because the loan would not be used for
      the stated purpose. (ii) If a consumer applies for $10,000 of credit for the
      purpose of financing cosmetic surgery, the creditor may confirm the cost of
      the procedure with the surgeon. If the surgeon reports that the cost of the
      procedure is $5,000, the creditor may use that medical information to offer
      the consumer only $5,000 of credit. (iii) A creditor has an established medical
      loan program for financing particular elective surgical procedures. The creditor
      receives a loan application from a consumer requesting $10,000 of credit under
      the established loan program for an elective surgical procedure. The consumer
      indicates on the application that the purpose of the loan is to finance an elective
      surgical procedure not eligible for funding under the guidelines of the established
      loan program. The creditor may deny the consumer ''s application because the
      purpose of the loan is not for a particular procedure funded by the established
      loan program. (4) Examples of obtaining and using medical information at the
      request of the consumer. (i) If a consumer applies for a loan and specifically
      requests that the creditor consider the consumer ''s medical disability at the
      relevant time as an explanation for adverse payment history information in his
      credit report, the creditor may consider such medical information in evaluating
      the consumer ''s willingness and ability to repay the requested loan to accommodate
      the consumer ''s particular circumstances, consistent with safe and sound practices.
      The creditor may also decline to consider such medical information to accommodate
      the consumer , but may evaluate the consumer ''s application in accordance with
      its otherwise applicable underwriting criteria. The creditor may not deny the
      consumer ''s application or otherwise treat the consumer less favorably because
      the consumer specifically requested a medical accommodation, if the creditor
      would have extended the credit or treated the consumer more favorably under
      the creditor''s otherwise applicable underwriting criteria. (ii) If a consumer
      applies for a loan by telephone and explains that his income has been and will
      continue to be interrupted on account of a medical condition and that he expects
      to repay the loan by liquidating assets, the creditor may, but is not required
      to, evaluate the application using the sale of assets as the primary source
      of repayment, consistent with safe and sound practices, provided that the creditor
      documents the consumer ''s request by recording the oral conversation or making
      a notation of the request in the consumer ''s file. (iii) If a consumer applies
      for a loan and the application form provides a space where the consumer may
      provide any other information or special circumstances, whether medical or non-medical,
      that the consumer would like the creditor to consider in evaluating the consumer
      ''s application, the creditor may use medical information provided by the consumer
      in that space on that application to accommodate the consumer ''s application
      for credit, consistent with safe and sound practices, or may disregard that
      information. (iv) If a consumer specifically requests that the creditor use
      medical information in determining the consumer ''s eligibility, or continued
      eligibility, for credit and provides the creditor with medical information for
      that purpose, and the creditor determines that it needs additional information
      regarding the consumer ''s circumstances, the creditor may request, obtain,
      and use additional medical information about the consumer as necessary to verify
      the information provided by the consumer or to determine whether to make an
      accommodation for the consumer . The consumer may decline to provide additional
      information, withdraw the request for an accommodation, and have the application
      considered under the creditor''s otherwise applicable underwriting criteria.
      (v) If a consumer completes and signs a credit application that is not for medical
      purpose credit and the application contains boilerplate language that routinely
      requests medical information from the consumer or that indicates that by applying
      for credit the consumer authorizes or consents to the creditor obtaining and
      using medical information in connection with a determination of the consumer
      ''s eligibility, or continued eligibility, for credit , the consumer has not
      specifically requested that the creditor obtain and use medical information
      to accommodate the consumer ''s particular circumstances. (5) Example of a forbearance
      practice or program. After an appropriate safety and soundness review , a creditor
      institutes a program that allows consumers who are or will be hospitalized to
      defer payments as needed for up to three months, without penalty, if the credit
      account has been open for more than one year and has not previously been in
      default, and the consumer provides confirming documentation at an appropriate
      time. A consumer is hospitalized and does not pay her bill for a particular
      month. This consumer has had a credit account with the creditor for more than
      one year and has not previously been in default. The creditor attempts to contact
      the consumer and speaks with the consumer ''s adult child, who is not the consumer
      ''s legal representative. The adult child informs the creditor that the consumer
      is hospitalized and is unable to pay the bill at that time. The creditor defers
      payments for up to three months, without penalty, for the hospitalized consumer
      and sends the consumer a letter confirming this practice and the date on which
      the next payment will be due. The creditor has obtained and used medical information
      to determine whether the provisions of a medically-triggered forbearance practice
      or program apply to a consumer . (6) Example to comply with applicable requirements
      of local, State, or Federal laws. A consumer applies for a mortgage loan subject
      to § 1026.43(c) or § 1026.34(a)(4) of this chapter, or an open-end (not home-secured)
      credit card account subject to § 1026.51(a) of this chapter. The application
      does not specifically request medical information , but the consumer provides
      unsolicited medical information on the application. The creditor or the card
      issuer is permitted under paragraph (e)(1)(ii) of this section to use such medical
      information in connection with any determination of the consumer ''s eligibility,
      or continued eligibility, for credit only to the extent required by the applicable
      Federal law and implementing regulation. For example, assume a consumer applies
      for a mortgage loan subject to § 1026.43(c) of this chapter. Assume further
      that the creditor has not specifically requested medical information on the
      application, but the consumer provides information on a current debt obligation,
      such as a monthly medical payment plan, that is medical information . The creditor
      is permitted under paragraph (e)(1)(ii) of this section to consider the existence
      and the amount of the medical payment plan as required in considering factors
      under § 1026.43(c)(2) of this chapter, such as the current debt obligations
      , consumer ''s monthly debt-to-income ratio, and residual income, in making
      the repayment ability determination required under § 1026.43(c)(1) of this chapter.
      In this circumstance, the creditor would not be required to independently verify
      the existence and amount of the monthly medical payment plan, as provided for
      under § 1026.43(c)(3)(iii) of this chapter. See also Regulation Z ( 12 CFR 1026.43
      (c)(3), comment 43(c)(3)-6), describing a situation in which a consumer provides
      a creditor with information on a debt obligation that is not listed on a consumer
      report. Further, a creditor or card issuer is not permitted under paragraph
      (e)(1)(ii) of this section to obtain or use any medical information from a consumer
      reporting agency to comply with the ability-to-repay rule under § 1026.43(c)
      of this chapter for closed-end mortgages, the repayment ability rule under §
      1026.34(a)(4) of this chapter for open-end, high-cost mortgages, or the ability-to-pay
      rule under § 1026.51(a) of this chapter for open-end (not home-secured) credit
      card accounts, because the creditor or card issuer can comply with those rules
      using information provided by the consumer . This example only relates to the
      exception under paragraph (e)(1)(ii) of this section. A creditor or card issuer
      may obtain and use medical information for purposes of Regulation Z''s ability-to-repay
      or pay determinations pursuant to other exceptions in paragraph (e) of this
      section, as applicable. (7) Example of medical information relating to income
      and benefits. A consumer indicates on an application for a $200,000 mortgage
      loan that she receives $15,000 in long-term disability income each year from
      her former employer and has no other income. Annual income of $15,000, regardless
      of source, would not be sufficient to support the requested amount of credit.
      The creditor denies the application on the basis that the projected debt-to-income
      ratio of the consumer does not meet the creditor''s underwriting criteria. The
      creditor has used medical information in a manner and to an extent that is no
      less favorable than it would use comparable non-medical information. [ 76 FR
      79312 , Dec. 21, 2011, as amended at 90 FR 3372 , Jan. 14, 2025]'
  judgment: false
