The Honorable Robert Menendez
United States Senate
528 Hart Senate Office Building
Washington, D.C. 20510

The Honorable Danny Davis
U.S. House of Representatives
1029 Longworth House Office Building
Washington, D.C. 20515

The Honorable Bill Cassidy
United States Senate
520 Hart Senate Office Building
Washington, D.C. 20510

The Honorable Jodey Arrington
U.S. House of Representatives
1107 Longworth House Office Building
Washington, D.C. 20515

The Honorable Yvette Clarke
U.S. House of Representatives
2058 Rayburn House Office Building
Washington, D.C. 20515

The Honorable Buddy Carter
U.S. House of Representatives
2432 Rayburn House Office Building
Washington, D.C. 20515

Dear Senator/Representative:

On behalf of the 60 Plus Association – American Association of Senior Citizens, we urge you to support S. 4750/H.R. 8594, the “Restore Protections for Dialysis Patients Act.” This legislation has significant implications for Americans eligible for Medicare and efforts to slow the growth in Medicare spending.

Individuals eligible for Medicare based on age or a kidney failure diagnosis retain their right to enroll in private health coverage. Many of our members have worked at companies that offer retiree healthcare coverage as a key benefit. Each year, millions of older Americans continue to work past age 65. For several reasons, retirees and older employees prefer to remain on their employers’ health plans. The same holds for individuals with kidney failure. Although Medicare is a strong option, private health coverage is usually more flexible and comprehensive than Medicare and includes benefits crucial to getting, and staying, on a kidney transplant waitlist.

Congress recognized that Medicare eligibility creates strong incentives for private health plans to take actions that discourage individuals aged 65 and over or who have kidney failure from enrolling. These types of actions deny individuals the right to choose health insurance coverage that best meets their needs. For retirees, they effectively take away a benefit earned through years of employment. Of equal concern, actions to dissuade Medicare-eligible individuals from electing private health coverage increase the financial burden on the Medicare Trust Fund.

Forty years ago, Congress adopted provisions to the Medicare Secondary Payer Act (MSPA) to prevent these outcomes by prohibiting private plans from discriminating against individuals eligible for Medicare. Unfortunately, a recent Supreme Court ruling unraveled the protections for kidney failure patients, creating a pathway for private health plans to avoid caring for them without any repercussions. As a result, individuals with kidney failure may be forced to elect Medicare before they otherwise would prefer, causing them to face higher out-of-pocket costs and lose benefits. This ruling also will result in increased fiscal pressure on the Medicare Trust Fund, jeopardizing the program for all beneficiaries.

S. 4750/H.R. 8594, which has strong bipartisan support, would clarify the longstanding statutory language that protects kidney failure patients, close the loophole resulting from the Supreme Court ruling, and ensure that Congress’s intent in adopting the MSPA provisions is fulfilled. Given the negative consequences of inaction, we request that you work to include the bill’s provisions in the end-of-year legislative package.

Thank you for your consideration. If you have any questions, please do not hesitate to contact us at 703-807-2070.

Sincerely,

James Martin
Founder & Chairman

Saul Anuzis
President

cc:

The Honorable Nancy Pelosi
Speaker
U.S. House of Representatives
Washington, DC 20515

The Honorable Kevin McCarthy
Minority Leader
U.S. House of Representatives
Washington, DC 20515

The Honorable Charles Schumer
Majority Leader
U.S. Senate
Washington, DC 20510

The Honorable Mitch McConnell
Minority Leader
U.S. Senate
Washington, DC 20510