FOR IMMEDIATE RELEASE:

March 25, 2025

MEDIA CONTACT: 

e: jessica.myers@mail.house.gov

c: 202.913.0126

WASHINGTON, D.C. – Today, Rep. Yvette D. Clarke (D-NY) along with Reps. Mike Kelly (R-PA), Neal Dunn, M.D. (R-FL), Danny Davis (D-IL), John Joyce, M.D. (R-PA), and Raul Ruiz (D-CA) announced the reintroduction of the Restore Protections for Dialysis Patients Act, bipartisan legislation which aims to ensure that individuals with End Stage Renal Disease (ESRD) continue to have equitable access to private healthcare and to provide protection of the Medicare Trust Fund.

The legislation follows a 2022 Supreme Court ruling that has allowed private health plans to prematurely force ESRD patients onto Medicare, creating disruption in coverage for patients and their families and shifting a significant financial burden onto taxpayers.

“The tens of millions of Americans across our nation today who are fighting kidney disease should not face the danger of a disruption in coverage due to reasons beyond their control. It’s clear these individuals – who disproportionately belong to communities of color – are relying on Congress to stand up for them and protect their equitable access to necessary healthcare. I’m proud to support this bipartisan solution to ensure every American on dialysis has the care they need to live the lives they deserve,” said Congresswoman Clarke.

“This legislation is critical for Americans living with End Stage Renal Disease and who rely on dialysis,” said Rep. Kelly. “Patients deserve to know their benefits will be in place when they need them. This legislation will improve both patient care and patient outcomes. I want to thank my House colleagues for joining me on this vital legislation.”

“ESRD patients should not be concerned that they will be forced off their health insurance plan while seeking lifesaving dialysis treatments,” said Congressman Dunn. “I am proud to support this legislation to ensure that patients who depend on dialysis can focus on their treatment without worrying about their health insurance coverage.”

“The hundreds of thousands of patients throughout the country who rely on regular dialysis treatments should never be in fear of losing their access to care,” said Rep. Joyce, M.D. “The Restore Protections for Dialysis Patients Act would ensure that patients with End Stage Renal Disease have access to the treatments they need.”

“I thank members of Congress for introducing the Restore Protections for Dialysis Patients Act, which will ensure insurance plans provide life-sustaining care to dialysis patients,” said LaVarne Burton, President & CEO of the American Kidney Fund (AKF). “This critical legislation will ensure that the Medicare Secondary Payer Act (MSPA) is working for the benefit of those it was intended to protect.”

“MSPA effectively protected patients with the option to stay on their private insurance plan as they navigated their life-altering diagnosis of kidney failure, but we’ve unfortunately seen that protection upended,” said Mahesh Krishnan, MD, MPH, MBA, Chair of Kidney Care Partners. “Now, we encourage all lawmakers to work together to restore critical protections for patients with kidney failure by passing the Restore Protections for Dialysis Patients Act without delay.”

Rep. Kelly first introduced this legislation in December 2023.

Read the full bill text here.

BACKGROUND

• In 1981, Congress amended the Medicare Secondary Payer Act (MSPA) to add language to protect against private health insurers from designing benefit plans to push individuals with ESRD onto Medicare prematurely.
• For decades, health plans have abided by the principles of MSPA, benefitting both beneficiaries and taxpayers.
• In June 2022, the Supreme Court ruled that health plans can effectively push ESRD patients onto Medicare, prompting a need for Congress to introduce legislation to clarify the Medicare Secondary Payer Act and protect ESRD patients from being kicked off of their private health plans.

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