Ask your Representative to Cosponsor the Kidney PATIENT Act and Access to ESRD Oral-Only Drugs

Oral-only drugs used for the treatment of end-stage renal disease (ESRD) are covered under the Medicare Part D prescription drug benefit. However, the Centers for Medicare and Medicaid Services (CMS) has indicated that it will start including oral-only ESRD drugs in the ESRD Prospective Payment System (PPS), also known as the "bundle," starting Jan. 1, 2025.

CMS had planned to implement this change earlier, but Congress previously stepped in and passed legislation delaying when CMS could make this change to how oral-only ESRD drugs are covered in Medicare.

Phosphate-lowering drugs are oral-only medications taken by most people on dialysis, and there are many types of phosphate-lowering drugs that work for different patients. Moving coverage of oral-only phosphate-lowering drugs to the ESRD payment bundle would create access issues for patients taking these critical drugs.

The Kidney PATIENT Act (H.R. 5074) is bipartisan legislation that would delay the move of oral-only ESRD drugs into the ESRD bundle. Current action in the House would delay this until 2027 or until new intravenous therapies come to the market.

A Senate bill was recently introduced (S. 4510) that would also delay the inclusion of oral-only ESRD-related drugs in the Medicare ESRD prospective payment system until 2027.

With the new out-of-pocket cap in the Medicare Part D program and the expanded eligibility for the low-income subsidy, the affordability of Part D drugs is improving. Keeping coverage of oral-only ESRD drugs in the Part D program makes sense in terms of patient affordability and maintaining patient access to treatments.

Please sign and ask your member of Congress to support these important pieces of legislation.
Dear Legislator,

As someone who has been touched by kidney disease, I ask you to please support the bipartisan bill to amend the American Taxpayer Relief Act of 2012 (S. 4510) and the Kidney PATIENT Act (H.R. 5074). S 4510 is a bipartisan bill which would delay the implementation of the inclusion of oral-only ESRD-related drugs in the Medicare ESRD prospective payment system. This would maintain access to important oral only medications for kidney patients. The Kidney PATIENT Act is a bipartisan bill that will help protect access to oral-only drugs for Medicare beneficiaries with end-stage renal disease (ESRD)

ESRD oral-only drugs are currently covered under the Medicare Part D prescription drug benefit. However, the Centers for Medicare and Medicaid Services (CMS) has indicated that it will start including oral-only ESRD drugs in the ESRD Prospective Payment System (PPS), also known as the "bundle," starting Jan. 1, 2025. CMS had planned to implement this change earlier, but Congress previously stepped in and passed legislation delaying when CMS could make this change to how oral-only ESRD drugs are covered in Medicare.

Phosphate-lowering drugs are oral-only medications taken by most people on dialysis, and there are many types of phosphate-lowering drugs that work for different patients. Moving coverage of oral-only phosphate-lowering drugs to the ESRD payment bundle would create access issues for patients taking these critical drugs. There would also be logistical challenges for ESRD facilities that would now be responsible for acquiring, storing and distributing these drugs, of which there are many types and many patients prescribed them. Additionally, patients take phosphate-lowering drugs multiple times a day with meals and snacks, so the quantity of pills also contributes to the logistical challenges.

The bill to amend the American Taxpayer Relief Act of 2012, (S.4510) is bipartisan legislation that would delay the move of oral-only ESRD drugs into the ESRD bundle until 2027 or until new intravenous therapies come to the market. The bill would ensure patients have access to the medications they and their doctors have determined work best for them. In addition, the bill would save money for taxpayers because it would delay an increase in the ESRD base rate that determines the bundled payment that would occur when adding oral-only drugs to the bundle.

The Kidney PATIENT Act (H.R. 5074) is bipartisan legislation that would delay the move of oral-only ESRD drugs into the ESRD bundle until 2027 or until new intravenous therapies come to the market. The bill would ensure patients have access to the medications they and their doctors have determined work best for them. In addition, the bill would save money for taxpayers because it would delay an increase in the ESRD base rate that determines the bundled payment that would occur when adding oral-only drugs to the bundle.

Sincerely,
[Name]
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