Kidney PATIENT Act of 2023

Kidney Patient Access to Technologically Innovative and Essential Nephrology Treatments Act of 2023 or the Kidney PATIENT Act of 2023

This bill delays a change to the payment methodology under Medicare for oral drugs that are used to treat end-stage renal disease (ESRD).

Under current regulations, beginning January 1, 2025, the Centers for Medicare & Medicaid Services will incorporate payments for oral-only ESRD drugs into the ESRD prospective payment system rather than issuing separate payments to ESRD facilities. The bill delays implementation of this policy until January 1, 2033, or until an approved intravenous drug is available, whichever is earlier.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5074 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5074

      To amend the American Taxpayer Relief Act of 2012 to delay 
implementation of the inclusion of oral-only ESRD-related drugs in the 
               Medicare ESRD prospective payment system.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2023

  Mr. Carter of Georgia (for himself, Ms. Kuster, Mrs. Miller of West 
  Virginia, and Ms. Sewell) introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
   the Committee on Ways and Means, 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 the American Taxpayer Relief Act of 2012 to delay 
implementation of the inclusion of oral-only ESRD-related drugs in the 
               Medicare ESRD prospective payment system.

    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 ``Kidney Patient Access to 
Technologically Innovative and Essential Nephrology Treatments Act of 
2023'' or the ``Kidney PATIENT Act of 2023''.

SEC. 2. DELAY OF IMPLEMENTATION OF ORAL-ONLY POLICY UNDER MEDICARE ESRD 
              PROSPECTIVE PAYMENT SYSTEM.

    Section 632(b) of the American Taxpayer Relief Act of 2012 (42 
U.S.C. 1395rr note) is amended--
            (1) in the heading, by striking ``Two-year''; and
            (2) in the first sentence of paragraph (1), by striking 
        ``may not implement'' and all that follows through ``January 1, 
        2025.'' and inserting ``shall not implement the policy under 
        section 413.174(f)(6) of title 42, Code of Federal Regulations 
        (relating to oral-only ESRD-related drugs in the ESRD 
        prospective payment system) to incorporate the payment for oral 
        drugs indicated for the reduction, management, or control of 
        the serum phosphate of an individual, until the earlier of 
        January 1, 2033, or such time as an intravenous drug indicated 
        for the reduction, management, or control of the serum 
        phosphate of an individual has been approved by the Food and 
        Drug Administration.''.
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