FOR IMMEDIATE RELEASE:

September 18, 2024

MEDIA CONTACT: 

e: jessica.myers@mail.house.gov

c: 202.913.0126

Washington, D.C. – Congresswoman Yvette D. Clarke (NY-09) and Rep. Mike Kelly (PA-09) introduced the bipartisan Restore Protections for Dialysis Patients Act to ensure individuals with End Stage Renal Disease (ESRD), or kidney failure, continue to have access to private health care.

The legislation follows the 2022 Supreme Court ruling, Marietta v. DaVita, that allowed private health plans to carve out kidney care services, including dialysis treatments and access to nephrologists, prematurely pushing ESRD patients onto Medicare. This shift causes a disruption in coverage for patients and their families and shifts a significant financial burden on taxpayers.

“Nearly 40 million Americans live with kidney disease, and the millions more at risk deserve our support in their fight against kidney disease — from prevention through post-transplant living,” said Congresswoman Clarke. “Unfortunately, far too many patients affected with the disease, which disproportionately impacts communities of color, have complex health care needs that create incentives for plans to discourage enrollment. I’m proud to join my colleague, Congressman Kelly, to introduce the Restore Protections for Dialysis Patients Act, a bipartisan bill which seeks to ensure people on dialysis receive the care they need.”

Companion legislation has been introduced in the U.S. Senate by Senators Bill Cassidy, M.D. (R-LA), Cory Booker (D-NJ), and Martin Heinrich (D-NM).

“Patients deserve to have a choice in their health coverage to ensure they can access the care they need,” said Mahesh Krishnan, MD, MPH, MBA, Chair of Kidney Care Partners. “We’re grateful to Senate leaders stepping up and supporting this effort to restore long-standing protections to patient choice and look forward to continued collaboration with policymakers and those impacted by current policy to advance this bill.”

The Restore Protections for Dialysis Patients Act is endorsed by Akebia Therapeutics, American Kidney Fund, American Nephrology Nurses Association, American Society of Nephrology, American Society of Pediatric Nephrology, Ardelyx, AstraZeneca, Atlantic Dialysis Management Services, Baxter, Centers for Dialysis Care, CorMedix, CSL Vifor, DaVita, Dialysis Care Center, Dialysis Patient Citizens, Fresenius Medical Care, Greenfield Health Systems, The Kidney Care Council, NATCO, Nephrology Nursing Certification Commission, Renal Healthcare Association, Renal Physicians Association, Renal Support Network, Rogosin Institute, U.S. Renal Care, Unicycive Therapeutics, and Diality. 

Read the full bill text here.

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