Section 1 Short title
This Act may be cited as the “Restore Protections for Dialysis Patients Act”.
Restore Protections for Dialysis Patients Act
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.
Sec. 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—
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
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.”.