Restore Protections for Dialysis Patients Act

Restore Protections for Dialysis Patients Act

This bill specifies that private health insurers may not limit, restrict, or condition benefits for renal dialysis services for individuals with end-stage renal disease as compared to other types of benefits for other medical conditions under Medicare secondary payer rules.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8594 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8594

To amend title XVIII of the Social Security Act to clarify and preserve 
 the breadth of the protections under the Medicare Secondary Payer Act.


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                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2022

   Ms. Clarke of New York (for herself, Mr. Arrington, Mr. Carter of 
Georgia, Mr. Danny K. Davis of Illinois, Mr. Cardenas, Mr. O'Halleran, 
Mr. Soto, Ms. Sewell, Ms. Herrera Beutler, Ms. Van Duyne, Mr. Ferguson, 
   Mr. Joyce of Pennsylvania, Mr. Wenstrup, Mr. Payne, Mr. Dunn, Mr. 
Swalwell, and Mr. Kelly of Pennsylvania) introduced the following bill; 
which was referred to the Committee on Ways and Means, and in addition 
      to the Committee on Energy and Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To amend title XVIII of the Social Security Act to clarify and preserve 
 the breadth of the protections under the Medicare Secondary Payer Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restore Protections for Dialysis 
Patients Act''.

SEC. 2. CLARIFICATION ON PROHIBITION AGAINST DISCRIMINATION AGAINST 
              DIALYSIS UNDER MEDICARE.

    Section 1862(b)(1)(C) of the Social Security Act (42 U.S.C. 
1395y(b)(1)(C)) is amended--
            (1) in clause (i), by inserting ``, or that such an 
        individual requires the use of an item or service,'' before 
        ``during the 12-month period''; and
            (2) by adding at the end of the matter following clause 
        (ii), the following new sentence: ``Notwithstanding any other 
        provision of law, a group health plan shall be treated as 
        differentiating in the benefits it provides in violation of 
        clause (ii) if the plan limits, restricts, or conditions the 
        benefits the plan provides for renal dialysis services as 
        compared to the benefits the plan provides for other medical 
        services that are necessary to treat other chronic medical 
        conditions and that are covered under the plan.''.
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