Kelly highlights RESTORE Act in Ways & Means hearing

WASHINGTON, D.C. -- Today, during a Ways & Means Subcommittee on Health hearing, U.S. Rep. Mike Kelly (R-PA) highlighted the importance of advancing his legislation, the Restore Protections for Dialysis Patients Act.

The bipartisan legislation aims to ensure that individuals with End Stage Renal Disease (ESRD) continue to have equitable access to private healthcare and to provide protection of the Medicare Trust Fund. Kelly co-leads the bill with Reps. Yvette Clarke (D-NY), Neal Dunn, M.D. (R-FL), Danny Davis (D-IL), John Joyce, M.D. (R-PA), and Raul Ruiz (D-CA).

"For years, I've heard personal stories from constituents -- and even my own family members -- who have lived with End Stage Renal Disease and who rely on dialysis. Patients deserve to know their benefits will be in place when they need them," said Rep. Kelly. "This legislation aims to improve both patient care and patient outcomes. Thank you to Chairman Smith and Chairman Buchanan for holding today's hearing to highlight this important issue."

Rep. Kelly first introduced this legislation in December 2023.

BACKGROUND

The legislation follows a 2022 Supreme Court ruling that has allowed private health plans to prematurely force ESRD patients onto Medicare, creating disruption in coverage for patients and their families and shifting a significant financial burden onto taxpayers.

In 1981, Congress amended the Medicare Secondary Payer Act (MSPA) to add language to protect against private health insurers from designing benefit plans to push individuals with ESRD onto Medicare prematurely.

For decades, health plans have abided by the principles of MSPA, benefitting both beneficiaries and taxpayers.

In June 2022, the Supreme Court ruled that health plans can effectively push ESRD patients onto Medicare, prompting a need for Congress to introduce legislation to clarify the Medicare Secondary Payer Act and protect ESRD patients from being kicked off of their private health plans.

You can read bill text here.