WASHINGTON – U.S. Senator Martin Heinrich (D-N.M.) joined Senate colleagues Bill Cassidy (R-La.) and Cory Booker (D-N.J.) to introduce the Restore Protections for Dialysis Patients Act, legislation to ensure individuals with End Stage Renal Disease (ESRD), or kidney failure, continue to have access to private health care.

The legislation follows the 2022 Supreme Court ruling, Marietta v. DaVita, that allowed private health plans to deny coverage of kidney care services, including dialysis treatments and access to nephrologists, prematurely pushing ESRD patients onto Medicare. This shift causes a disruption in coverage for patients and their families and shifts a significant financial burden onto taxpayers all while endangering Medicare's long-term solvency.

"The last thing patients should be worried about when dealing with kidney failure is being kicked off their insurance while undergoing treatment. I'm introducing the Restore Protections for Dialysis Patients Act to ensure New Mexico families can continue to access essential care when they need it most," said Heinrich.

"ESRD patients who rely on life-sustaining dialysis treatments should not be kicked off their health care plan when they need it most," said Cassidy. "This legislation ensures patients are protected and have access to the care of their choosing."

"No one should face barriers to essential health care," said Booker. "The Restore Protections for Dialysis Patients Act will protect access to crucial dialysis treatments for ESRD patients, and ensure that individuals who depend on these treatments are not forced into financial hardship for seeking them. Congress made a commitment to individuals with end stage renal disease and we must uphold that commitment."

Companion legislation has been introduced in the House by U.S. Representatives Mike Kelly (R-Pa.), Yvette Clarke (D-N.Y.), Neal Dunn (R-Fla.), Danny Davis (D-Ill.), John Joyce (R-Pa.), and Raul Ruiz (D-Calif.).

"Patients deserve to have a choice in their health coverage to ensure they can access the care they need," said Mahesh Krishnan, MD, MPH, MBA, Chair of Kidney Care Partners. "We're grateful to Senate leaders stepping up and supporting this effort to restore long-standing protections to patient choice and look forward to continued collaboration with policymakers and those impacted by current policy to advance this bill."

The Restore Protections for Dialysis Patients Act is endorsed by Akebia Therapeutics, American Kidney Fund, American Nephrology Nurses Association, American Society of Nephrology, American Society of Pediatric Nephrology, Ardelyx, AstraZeneca, Atlantic Dialysis Management Services, Baxter, Centers for Dialysis Care, CorMedix, CSL Vifor, DaVita, Dialysis Care Center, Dialysis Patient Citizens, Fresenius Medical Care, Greenfield Health Systems, The Kidney Care Council, NATCO, Nephrology Nursing Certification Commission, Renal Healthcare Association, Renal Physicians Association, Renal Support Network, Rogosin Institute, U.S. Renal Care, Unicycive Therapeutics, and Diality.