WASHINGTON – Kidney Care Partners (KCP) – the nation’s largest non-profit, non-partisan kidney care coalition dedicated to protecting access and representing patients, dialysis professionals, physicians, nurses, researchers, therapeutic innovators, transplant coordinators, and manufacturers – today commended Senators Cory Booker (D-NJ), Bill Cassidy (R-LA), Kevin Cramer (R-ND) and Martin Heinrich (D-NM) for introducing the bipartisan Restore Protections for Dialysis Patients Act (S.1173).

“ESRD patients need dialysis treatments to survive,” said Dr. Cassidy. “We must ensure their access to treatment is continued, and their choice of care is protected.”

“Three years ago, the Supreme Court made the decision to allow private health care companies to kick patients suffering from kidney failure off their plan, forcing many people into financial hardship,” said Senator Booker. “No one should lose their insurance, especially when they need it most. The Restore Protections for Dialysis Patients Act is critical legislation that will ensure ESRD patients’ right to choose their care is protected.”

If enacted, this bill would reaffirm Congress’s original intent behind the Medicare Secondary Payer Act (MSPA) and safeguard individuals with kidney failure, known as end-stage renal disease (ESRD), from discriminatory practices by insurers. A Supreme Court decision from 2022, Marietta v. DaVita, undermined the statute and essentially permits health plans to push patients with kidney failure off their private insurance and onto Medicare prematurely.

The Restore Protections for Dialysis Patients Act seeks to close this gap by ensuring that individuals living with kidney disease receive the same protections as those with other chronic conditions under MSPA. The bill ensures dialysis patients can continue receiving the life-sustaining care they need without disruption by maintaining access to private insurance coverage for the full 30-month coordination period before transitioning to Medicare as the primary payer. 

“Maintaining patient access to care choices is a priority for Kidney Care Partners and the broader kidney care community. We are grateful to Congressional leaders working to ensure those living with ESRD have access to the safe, effective care they need with the coverage of their choice through the Restore Protections for Dialysis Patients Act,” said Mahesh Krishnan, MD, MPH, MBA, Chair of Kidney Care Partners.

“Kidney failure is the only health condition where insurers are allowed to shift the cost of care onto the government.  In exchange, Congress mandated that patients could keep their private coverage for 30 months to help protect patient access to transplant and to provide financial stability as individuals begin dialysis,” said Hrant Jamgochian, CEO of Dialysis Patient Citizens.  “The Restore Protections for Dialysis Patients Act was introduced in response to a recent Supreme Court decision, where both the majority and minority opinions said that the original law was poorly drafted and that Congress needed to clarify its intent.  We urge prompt passage of this critical legislation to ensure that ESRD patient access to care and financial stability are not put at risk.”

“We are grateful to Senators Booker, Cassidy, Cramer and Heinrich for introducing this critical legislation, which will protect patient choice and encourage health plans to prioritize early detection and treatment for chronic kidney disease and ESRD,” said LaVarne A. Burton, President and CEO of the American Kidney Fund.

“It’s important to pass the Restore Act so people with kidney disease can maintain their insurance,” said Lori Hartwell, Founder and President of Renal Support Network.

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