Kidney Care Partners Files Amicus Brief Supporting Protections and Choice for Individuals Living with End-Stage Renal Disease

January 28, 2022

WASHINGTON –  Kidney Care Partners (KCP) – a non-profit coalition of more than 30 organizations, comprising patients, dialysis professionals, physicians, nurses, researchers, therapeutic innovators, transplant coordinators, and manufacturers  – today announced that the group has submitted an amicus brief to the Supreme Court in the case of Marietta Memorial Hospital Employee Benefit Health Plan v. DaVita.

The brief argues that private insurers’ plans discriminate against those with end-stage renal disease (ESRD) by limiting coverage for necessary treatment, thereby foreclosing patient choice and exposing these individuals to significant financial risk. It also outlines how these insurers shirk their responsibility for ESRD patients and game the system to shift them to Medicare, thereby driving up public health costs.  The shift to Medicare often results in a loss of coverage for important health care services and care coordination, which are not available in the Medicare program.  It can also mean that other family members lose their health care coverage entirely.

“As an organization dedicated to improving coordination of kidney care and promoting patient choice and access, we hope the Supreme Court will enforce the law that Congress enacted to protect individuals living with end-stage kidney disease from discriminatory and inequitable insurer practices,” said Michele Kimball, Executive Director of KCP. “Forcing individuals on dialysis out of their private insurance and onto Medicare robs them of autonomy over their care and directly conflicts with Congressional intent in the Medicare Secondary Payer Act.”

To view the full brief, CLICK HERE.