,,ii  #aahth ,,congress  #b;d ,session  
,s4 #ejah  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #aa1
 #bjbd ,mr4 ,cassidy 7for himself1 ,mr4 
,booker1 and ,mr4 ,heinrich7 introduced 
the following bill2 which was read twice
 and referred to the ,committee on      
,finance  ,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 ,act4  #a4 ,short     
title ,this ,act may be cited as the    
,restore ,protections for ,dialysis     
,patients ,act4  #b4 ,purposes ,the     
purposes of this ,act are--  7#a7 to    
clarify and preserve the breadth of the 
protections under the ,medicare         
,secondary ,payer ,act2  7#b7 to        
prohibit health insurance plans from    
shifting primary responsibility for     
covering the cost of health care        
services needed by patients with end    
stage renal disease 7,,esrd7 to the     
,medicare program2 and  7#c7 to affirm  

,congress' intent by clarifying that    
singling out dialysis services for      
disfavored treatment through coverage   
limitations as compared to other covered
 health services constitutes            
inappropriate differentiations between  
the benefits provided to individuals    
with ,,esrd and other individuals1 but  
does not change a plan's current ability
 to limit which renal dialysis providers
 it includes in the provider network it 
elects to offer its enrollees4  #c4     
,clarification and preservation of      
prohibition under the ,medicare program 
,section #ahfb7;b77#a77;,c7 of the      
,social ,security ,act 7#db ,u4,s4,c4   
#aciey7b77#a77;,c77 is amended--  7#a7  
by striking clause 7ii7 and inserting   
the following new clause3  7ii7 may not 
differentiate1 directly or indirectly1  
in the benefits it provides between     
individuals obtaining renal dialysis or 
having end stage renal disease and other
 individuals covered by such plan on the
 basis of--  7,i7 the diagnosis of end  

stage renal disease2  7,,ii7 the need   
for renal dialysis2 or  7,,iii7 in any  
other manner2  2 and  7#b7 by adding at 
the end of the matter following clause  
7ii7 the following new sentences3       
,nothing in this subsection shall be    
construed as requiring a group health   
plan to include a particular renal      
dialysis provider as part of the        
provider network the group health plan  
elects to offer its enrollees4 ,the     
,secretary shall enforce this           
subparagraph consistent with the        
nonconformance determination            
requirements set forth in part #daa of  
title #db1 ,code of ,federal            
,regulations44