[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4750 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4750

To amend title XVIII of the Social Security Act to clarify and preserve 
 the breadth of the protections under the Medicare Secondary Payer Act.


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                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2022

  Mr. Menendez (for himself and Mr. Cassidy) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

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                                 A BILL


 
To amend title XVIII of the Social Security Act to clarify and preserve 
 the breadth of the protections under the Medicare Secondary Payer Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restore Protections for Dialysis 
Patients Act''.

SEC. 2. CLARIFICATION AND PRESERVATION OF PROHIBITION UNDER MEDICARE.

    Section 1862(b)(1)(C) of the Social Security Act (42 U.S.C. 
1395y(b)(1)(C)) is amended--
            (1) in clause (i), by inserting ``, or that such an 
        individual requires the use of an item or service,'' before 
        ``during the 12-month period''; and
            (2) by adding at the end of the matter following clause 
        (ii), the following new sentence: ``Notwithstanding any other 
        provision of law, a group health plan shall be treated as 
        differentiating in the benefits it provides in violation of 
        clause (ii) if the plan limits, restricts, or conditions the 
        benefits the plan provides for renal dialysis services as 
        compared to the benefits the plan provides for other medical 
        services that are necessary to treat other chronic medical 
        conditions and that are covered under the plan.''.
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