Bills of Congress by U.S. Congress

H.R.2199 - Restore Protections for Dialysis Patients Act (119th Congress)

Summary

H.R.2199, the "Restore Protections for Dialysis Patients Act," aims to amend Title XVIII of the Social Security Act to reinforce protections under the Medicare Secondary Payer Act (MSPA) for individuals with End-Stage Renal Disease (ESRD). The bill seeks to prevent private health plans from discriminating against dialysis patients and shifting the primary cost of their care to Medicare. It clarifies that limiting dialysis services compared to other covered health services constitutes inappropriate differentiation, while preserving a plan's ability to manage its provider network.

Expected Effects

The bill, if enacted, would likely lead to private health insurance plans providing more equitable coverage for dialysis patients. This would reduce the financial burden on Medicare for ESRD patients. It would also ensure that individuals with ESRD receive comparable benefits to those without the condition.

Potential Benefits

  • Enhanced protections for dialysis patients against discriminatory practices by private health plans.
  • Reduced financial strain on the Medicare program by preventing cost-shifting.
  • Clarification of congressional intent regarding fair treatment of ESRD patients under health insurance plans.
  • Ensures that limitations on benefits do not disproportionately affect individuals with ESRD.
  • Preserves the ability of health plans to manage their provider networks, balancing patient choice with cost control.

Potential Disadvantages

  • Potential for increased premiums for all health plan enrollees due to the enhanced coverage requirements for dialysis patients.
  • Possible administrative challenges for health plans in complying with the new regulations.
  • Could lead to disputes between health plans and dialysis providers regarding network inclusion and reimbursement rates.
  • The bill does not address the underlying causes of ESRD, focusing solely on insurance coverage.
  • Potential for unintended consequences if the clarification of congressional intent is misinterpreted by the courts.

Constitutional Alignment

The bill appears to align with the general welfare clause of the Constitution (Preamble), as it seeks to promote the health and well-being of a vulnerable population. It does not appear to infringe upon any specific constitutional rights or limitations. The bill operates within the established framework of the Social Security Act and Medicare, which have been previously upheld as constitutional.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).