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Supreme Court Erases Kidney Patients’ Insurance Protections

2022-08-04T18:46:52+00:00June 22nd, 2022|Categories: Article, Dialysis Funding, Medicare Advantage, Private Insurance Coverage, Protect Patient Care|

A U.S. Supreme Court ruling has nullified the law that protects dialysis patients from discrimination by insurers, threatening the system of financing kidney care that has stood for 40 years. The Court ruled that employer health plans may limit dialysis benefits. For four decades, employers understood the law as prohibiting limitations that only applied to dialysis. Some health benefit consultants encouraged a few small employers to disregard the law by paying no more than Medicare rates for dialysis. DaVita sued them, and one of the cases was appealed to the Supreme Court. The decision means that employers and insurers can [...]

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Dialysis Patient Citizens Statement Following Supreme Court Decision in Marietta Memorial Hospital v. Davita

2022-08-04T18:46:48+00:00June 21st, 2022|Categories: Medicare Advantage, Press Release, Private Insurance Coverage, Protect Patient Care|

WASHINGTON, D.C., (June 21, 2022) -- Following the United States Supreme Court decision in the case of Marietta Memorial Hospital v. Davita, Dialysis Patient Citizens (DPC) Board of Directors President Andrew Conkling issued the following statement: “DPC is deeply disappointed by today’s Supreme Court decision,” said DPC Board President Andrew Conkling. “Congress long ago reaffirmed privately-insured patients’ right to continue on their employer-sponsored plan for 30 months. This played an important role in preserving patient choice and incentivizing insurers to detect and treat Chronic Kidney Disease. ESRD patients are among the most vulnerable Americans and face some of the largest [...]

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DPC Files Amicus Brief in Supreme Court Case

2022-08-04T18:46:58+00:00January 27th, 2022|Categories: Article, Dialysis Funding, Legal Defense, Medicare Advantage, Private Insurance Coverage, Protect Patient Care|

DPC filed a “friend of the court” brief in the U.S. Supreme Court case of Marietta Memorial Hospital v. DaVita. The case involves a dialysis patient whose employer-sponsored health insurance plan tied reimbursements for dialysis to Medicare prices. The Sixth Circuit Court of Appeals held that this constituted illegal discrimination. The employer appealed the decision, which is now scheduled for oral arguments before the U.S. Supreme Court on March 1. DPC’s brief argues that such discrimination circumvents dialysis patients’ right to keep their employer coverage for up to 30 months before Medicare becomes their private insurance. DPC emphasized the three [...]

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DPC Advocates for Patient Access to Private Health Insurance

2022-08-04T18:47:08+00:00October 30th, 2019|Categories: Article, Dialysis Funding, Improve Access to Care, Legal Defense, Private Insurance Coverage, Promote Financial Security|Tags: |

DPC filed an amicus brief in support of a lawsuit to protect patient access to private health insurance coverage. This is one of a number of lawsuits challenging discrimination by employer health plans in how they pay for dialysis. End-Stage Renal Disease (ESRD) patients are protected by the Medicare Secondary Payer Act (MSP), which permits ESRD patients to remain on their private health insurance plans for 30 months before they must enroll in Medicare. To protect this right from being chipped away, Congress prohibited health plans from making any distinctions in how they cover dialysis relative to how other treatments or diseases are [...]

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DPC Supports Improved Access to Private Insurance for Patients

2022-08-05T22:11:25+00:00August 22nd, 2018|Categories: Access to Transplant, Article, Comment Letter, Dental Coverage, Private Insurance Coverage|Tags: |

Currently, dialysis patients are restricted to 30 months on private insurance coverage before having to go into Medicare. The House of Representatives recently proposed extending this length of time by three months, which is estimated to save Medicare $344 million. Access to private insurance is critical for dialysis patients, and we are very appreciative of the House’s efforts to improve that access. Read our letter below in support of this proposal: Dear Leader McConnell, Minority Leader Schumer, Chairman Hatch, and Ranking Member Wyden: As America’s largest patient-led kidney disease organization representing over 30,000 dialysis patients and family members, Dialysis Patient [...]

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DPC Complaint to OFM re: Washington State Insurance Plans

2022-08-05T22:12:59+00:00July 19th, 2016|Categories: Charitable Premium Assistance, Comment Letter, Innovation, Private Insurance Coverage, State Advocacy|

Re: Violations of the Medicare Secondary Payer Statute, 42 U.S.C. § 1395y(b), by Washington State Health Insurance Plans Dear Ms. Parker and Ms. Dotzel: We write to bring to your attention the fact that at least three group insurers in the state of Washington are offering large plans with provisions that violate the explicit terms of the Medicare Secondary Payer Statute. These violations not only potentially subject the insurers to statutory civil monetary penalties, but render these insurers’ plans nonconforming under applicable regulations. As America's largest patient-led organization representing 29,000 dialysis patients and family members, Dialysis Patient Citizens (DPC) strives to [...]

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DPC Complaint to Department of Labor re: Insurance Plan Discrimination

2022-08-05T22:14:28+00:00June 28th, 2016|Categories: Charitable Premium Assistance, Comment Letter, Innovation, Private Insurance Coverage|

The Honorable Phyllis C. Borzi Assistant Secretary Employee Benefits Security Administration United States Department of Labor 200 Constitution Ave NW Washington, DC 20210 Re: Violations of Part 7 of the Employee Retirement Income Security Act Relating to Health Plans’ Treatment of End-Stage Renal Disease Dear Assistant Secretary Borzi: On behalf of the 29,000 dialysis patients and family members that we serve, Dialysis Patient Citizens (DPC) asks that the Employee Benefits Security Administration (EBSA) investigate activities some group health plans have undertaken that we believe discriminate against individuals with kidney failure in violation of Part 7 of the Employee Retirement Income Security [...]

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Re: Discrimination Against End-Stage Renal Disease Patients by Health Net

2022-08-05T22:16:42+00:00May 3rd, 2016|Categories: Charitable Premium Assistance, Comment Letter, Private Insurance Coverage, State Advocacy|

Janice Rocco California Department of Insurance 300 Capitol Mall Suite 1700 Sacramento, CA 95814 Mary Watanabe Department of Managed Health Care (DMHC) 980 9th Street, Suite 500 Sacramento, CA 95814 Re: Discrimination against end-stage renal disease patients by Health Net Dear Deputy Commissioner Rocco and Deputy Director Watanabe: With 29,000 dialysis patient members, over 4,000 of whom reside in California, Dialysis Patient Citizens (DPC) is the nation’s largest patient-led organization representing individuals with end-stage renal disease (ESRD). On behalf of California’s 84,500 ESRD patients, I want to thank you for meeting with us to discuss the Health Net matter, which [...]

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DPC Urges Department of Insurance to Protect Dialysis Patient Access in Oregon

2022-08-05T22:16:36+00:00October 26th, 2015|Categories: Comment Letter, Private Insurance Coverage, Promote Financial Security, State Advocacy|Tags: |

Ms. Laura Cali, Insurance Commissioner Department of Consumer & Business Services Insurance Division PO Box 14480 Salem, Oregon 97309-0405 Re: Discrimination against end-stage renal disease patients by Regence health plan Dear Commissioner Cali: With 28,000 dialysis patient members, Dialysis Patient Citizens (DPC) is the nation’s largest patient-led organization representing individuals with end-stage renal disease (ESRD). I am writing on behalf of Oregon’s 3,821 dialysis patients, asking that you ensure that they are treated equitably by the Regence health insurance plan. Regulatory filings by this issuer indicate that its 2016 plan designs are incentivizing disenrollment of ESRD patients in favor of enrolling [...]

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