Policy Corner: September 9, 2022
Categories: Policy Corner Archives
BIAA Supports the Restore Protections for Dialysis Patients Act
The Brain Injury Association of America (BIAA) joins the Consortium for Constituents with Disabilities (CCD) Health Task Force in supporting H.R. 8594 and S. 4750, the “Restore Protections for Dialysis Patients Act,” sponsored by Reps. Yvette Clark (D-N.Y.), Jodey Arrington (R-Tex.), Danny K. Davis (D-Ill.), Buddy Carter (R-Ga.) and Senators Bob Menendez (D-N.J.) and Bill Cassisdy (R-La.). This legislation will help remedy the devastating impact that a recent U.S. Supreme Court ruling will have on individuals with disabilities, namely those with end-stage renal disease (ESRD), a life-threatening condition that requires kidney dialysis at least three times per week.
In June 2022, the U.S. Supreme Court decided in a court decision (Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc.) that a group health plan that uniformly provides limited benefits for outpatient dialysis to all plan participants does not violate the Medicare Secondary Payer statute (MSPS). It rejected the argument that the disparate impact of the reimbursement limitations on individuals with ESRD constitutes impermissible differentiation.
ESRD patients are one of the only condition-specific sub-populations (other than ALS) who are eligible for Medicare regardless of age. If not addressed, the U.S. Supreme Court’s ruling could have far-reaching implications for ESRD patients and their families, government healthcare programs, and the nation’s dialysis delivery system. The House and Senate companion bills would close this loophole and preserve the anti-differentiation protections that Congress intended ESRD patients to have.
Senate Returns to Work After Labor Day
The U.S. Senate returned to work this week and the U.S. House of Representatives returns next week to address several issues hanging in the balance, including funding to continue federal government after Sept. 30, when the current fiscal year ends. Leadership is working on a stopgap measure to probably continue government until December. As usual, there are some contentious issues that the Administration is pushing, including additional funding for Ukraine; funding to fight COVID-19 and monkeypox; and relief from natural disasters (e.g., flooding and wildfires).
BIAA is advocating for increased funding for fiscal year 2023 for the U.S. Department of Health and Human Services’ (HHS) Centers Disease Control and Prevention’s (CDC) National Concussion Surveillance System; the Administration for Community Living’s (ACL) TBI programs; and for the National Institute on Disability and Rehabilitation Research’s (NIDILRR) TBI Model Systems and research programs. Both the House and Senate Appropriations Committees have recommended additional funding for these programs, although the House Appropriations Committee is recommending a higher funding amount. The continuing resolution that is being proposed to continue government past Sept. 30, however, will not include these increases, and will continue at the current level of funding.