[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5018 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5018
To amend title XVIII of the Social Security Act to clarify and preserve
the breadth of the protections under the Medicare Secondary Payer Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 11, 2024
Mr. Cassidy (for himself, Mr. Booker, and Mr. Heinrich) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
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. PURPOSES.
The purposes of this Act are--
(1) to clarify and preserve the breadth of the protections
under the Medicare Secondary Payer Act;
(2) to prohibit health insurance plans from shifting
primary responsibility for covering the cost of health care
services needed by patients with end stage renal disease (ESRD)
to the Medicare program; and
(3) to affirm Congress' intent by clarifying that singling
out dialysis services for disfavored treatment through coverage
limitations as compared to other covered health services
constitutes inappropriate differentiations between the benefits
provided to individuals with ESRD and other individuals, but
does not change a plan's current ability to limit which renal
dialysis providers it includes in the provider network it
elects to offer its enrollees.
SEC. 3. CLARIFICATION AND PRESERVATION OF PROHIBITION UNDER THE
MEDICARE PROGRAM.
Section 1862(b)(1)(C) of the Social Security Act (42 U.S.C.
1395y(b)(1)(C)) is amended--
(1) by striking clause (ii) and inserting the following new
clause:
``(ii) may not differentiate, directly or
indirectly, in the benefits it provides between
individuals obtaining renal dialysis or having
end stage renal disease and other individuals
covered by such plan on the basis of--
``(I) the diagnosis of end stage
renal disease;
``(II) the need for renal dialysis;
or
``(III) in any other manner;''; and
(2) by adding at the end of the matter following clause
(ii) the following new sentences: ``Nothing in this subsection
shall be construed as requiring a group health plan to include
a particular renal dialysis provider as part of the provider
network the group health plan elects to offer its enrollees.
The Secretary shall enforce this subparagraph consistent with
the nonconformance determination requirements set forth in part
411 of title 42, Code of Federal Regulations.''.
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