117 S4750 IS: Restore Protections for Dialysis Patients Act U.S. Senate 2022-08-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 4750IN THE SENATE OF THE UNITED STATESAugust 3, 2022Mr. Menendez (for himself and Mr. Cassidy) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend title XVIII of the Social Security Act to clarify and preserve the breadth of the protections under the Medicare Secondary Payer Act.

1.

Short title

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

2.

Clarification and preservation of prohibition 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..