Senators Martin Heinrich (D-N.M.), Bill Cassidy (R-La.), and Cory Booker (D-N.J.) have introduced new bipartisan legislation entitled the Restore Protections for Dialysis Patients Act to protect the healthcare options of patients suffering from end stage renal disease (ESRD), commonly known as kidney failure. Learn why the bill is necessary, what changes it would include, and who is supporting it.*

Why It’s Necessary

The bill is designed to reverse the effects of a 2022 Supreme Court ruling in Marietta v. DaVita, which gave private health insurers the ability to limit coverage for essential kidney treatments like dialysis. 

This change forced many ESRD patients to switch from private health insurance to Medicare prematurely, disrupting their treatment plans and placing additional financial strain on both patients and the Medicare system. 

The proposed legislation seeks to restore protections that will ensure continued access to private healthcare for these vulnerable individuals.

Legislation Highlights

The Restore Protections for Dialysis Patients Act aims to ensure that individuals with ESRD can continue to receive necessary care without being pushed off their private insurance plans.

“The last thing patients should be worried about when dealing with kidney failure is being kicked off their insurance while undergoing treatment,” Senator Heinrich said. 

Senator Cassidy echoed this concern. “ESRD patients who rely on life-sustaining dialysis treatments,” he said, “should not be kicked off their health care plan when they need it most.”

Addressing Financial and Systemic Challenges: The Supreme Court’s ruling in Marietta v. DaVita has placed a greater financial burden on both patients and the Medicare system by pushing ESRD patients into Medicare earlier than necessary. 

This new legislation seeks to:

• Reverse that trend, 
• Reduce the strain on Medicare’s solvency, and 
• Protect patient access to private healthcare. 

“No one should face barriers to essential health care,” Senator Booker declared. “The Restore Protections for Dialysis Patients Act will protect access to crucial dialysis treatments for ESRD patients, and ensure that individuals… are not forced into financial hardship for seeking them.”

Broad Support and Endorsements

The Restore Protections for Dialysis Patients Act has garnered significant bipartisan support, with companion legislation introduced in the House by Representatives Mike Kelly (R-Pa.), Yvette Clarke (D-N.Y.), and others. 

Various healthcare organizations have also endorsed the bill. Mahesh Krishnan, Chair of Kidney Care Partners, praised the effort, stating, “Patients deserve to have a choice in their health coverage to ensure they can access the care they need.” 

Major supporters also include the American Society of Nephrology, American Kidney Fund, DaVita, and Fresenius Medical Care. These endorsements signal widespread recognition of the urgent need to restore protections for ESRD patients across the healthcare system.

*Senator Martin Heinrich (2024, September 16). Heinrich Introduces Bipartisan Legislation to Protect Dialysis Patients. Retrieved from https://www.heinrich.senate.gov/newsroom/press-releases/heinrich-introduces-bipartisan-legislation-to-protect-dialysis-patients 

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