WHAT THE LAW DOINCongress, in plain words

The law › Title 42, The Public Health and Welfare › Chapter 7

42 U.S.C. 1395rr: End stage renal disease program

Created in 1978 by Public Law 95-292. Changed by 23 later laws. 1 bill in this Congress would change it.

13 other sections of the Code cite this one, including 42 U.S.C. 426–1, 42 U.S.C. 1395f, 42 U.S.C. 1395l, 42 U.S.C. 1395m, 42 U.S.C. 1395u.

5 parts of federal rules cite it as their authority, written by Centers for Medicare & Medicaid Services, Department of Health and Human Services (5).

This Congress

  • H.R. 9877 Health Equity and Accountability Act of 2026 · introduced · would change (b), (f), (h)

How it got here

2020

  • Pub. L. 116–136, §3705(1), substituted "clauses (ii) and (iii)" for "clause (ii)". (Coronavirus Aid, Relief, and Economic Security Act" or the "CARES Act) Law text · (b)
  • Pub. L. 116–136, §3705(2), substituted "Except as provided in clause (iii), clause (i)" for "Clause (i)" in introductory provisions. (Coronavirus Aid, Relief, and Economic Security Act" or the "CARES Act) Law text · (b)
  • Pub. L. 116–136, §3705(3), added cl. (iii). (Coronavirus Aid, Relief, and Economic Security Act" or the "CARES Act) Law text · (b)

2018

  • Pub. L. 115–123, §50403(b), inserted at end: "Beginning 180 days after February 9, 2018, an initial survey of a provider of services or a renal dialysis facility to determine if the conditions and requirements under this paragraph are met shall be initiated not later than 90 days af… (Bipartisan Budget Act of 2018) Law text · (b)
  • Pub. L. 115–123, §50302(d), substituted "paragraph (3)(A)(i)" for "paragraph (3)(A)". (Bipartisan Budget Act of 2018) Law text · (b)
  • Pub. L. 115–123, §50302(a), inserted subpar. (A) designation before "With respect to", redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), substituted "subject to subparagraph (B), on a comprehensive" for "on a comprehensive" in cl. (ii), and… (Bipartisan Budget Act of 2018) Law text · (b)

2014

  • Pub. L. 113–93, §217(b)(2)(A), substituted "subclauses (II) and (III)" for "subclause (II)" and inserted at end "In order to accomplish the purposes of subparagraph (I) with respect to 2016, 2017, and 2018, after determining the increase factor described in the preceding s… (Protecting Access to Medicare Act of 2014) Law text · (b)
  • Pub. L. 113–93, §217(b)(2)(B), substituted "Subject to subclause (III), for 2012" for "For 2012". (Protecting Access to Medicare Act of 2014) Law text · (b)
  • Pub. L. 113–93, §217(b)(2)(C), added subcl. (III). (Protecting Access to Medicare Act of 2014) Law text · (b)
  • Pub. L. 113–93, §217(b)(1), inserted "and before January 1, 2015," after "January 1, 2014,". (Protecting Access to Medicare Act of 2014) Law text · (b)
  • Pub. L. 113–93, §217(d)(1), added cl. (iii) and redesignated former cl. (iii) as (iv). (Protecting Access to Medicare Act of 2014) Law text · (h), (iv)
  • Pub. L. 113–93, §217(d)(2), substituted "(A)(iv)" for "(A)(iii)". (Protecting Access to Medicare Act of 2014) Law text · (h)
  • Pub. L. 113–93, §217(d)(3), added subpar. (E). (Protecting Access to Medicare Act of 2014) Law text · (h)

2013

  • Pub. L. 112–240 added subpar. (I). (American Taxpayer Relief Act of 2012) Law text · (b)

2010

  • Pub. L. 111–148, §3401(h)(1), designated existing provisions as subcl. (I), substituted "subclause (II) and clause (ii)" for "clause (ii)" and struck out "minus 1.0 percentage point" before period at end, and added subcl. (II). (Patient Protection and Affordable Care Act) Law text · (b)
  • Pub. L. 111–148, §3401(h)(2), substituted "Subject to clause (i)(II), the" for "The" and "clause (i)(I)" for "clause (i) minus 1.0 percentage point". (Patient Protection and Affordable Care Act) Law text · (b)

2008

  • Pub. L. 110–275, §153(a)(2), (b)(3)(A)(i), substituted "Subject to paragraph (14), in lieu of payment" for "In lieu of payment" and inserted at end "Under such system, the payment rate for dialysis services furnished on or after January 1, 2009, by providers of services shall be… (Medicare Improvements for Patients and Providers Act of 2008) Law text · (b)
  • Pub. L. 110–275, §153(b)(3)(A)(ii), in concluding provisions, inserted "or paragraph (14)" after "this paragraph" and "or under the system under paragraph (14)" after "subparagraph (B)". (Medicare Improvements for Patients and Providers Act of 2008) Law text · (b)
  • Pub. L. 110–275, §153(a)(1), inserted "and before January 1, 2009," after "April 1, 2007," in cl. (ii) and added cls. (iii) and (iv). (Medicare Improvements for Patients and Providers Act of 2008) Law text · (b)
  • Pub. L. 110–275, §153(b)(3)(A)(iii)(I), substituted "Subject to paragraph (14), the payment amounts" for "The payment amounts" in introductory provisions. (Medicare Improvements for Patients and Providers Act of 2008) Law text · (b)
  • Pub. L. 110–275, §153(b)(3)(A)(iii)(II), redesignated cl. (i) as subpar. (B), inserted ", subject to paragraph (14)" before period at end, and struck out cl. (ii) which read as follows: "Nothing in this paragraph, section 1395u(o) of this title, section 1395w–3a of this title, o… (Medicare Improvements for Patients and Providers Act of 2008) Law text · (b)
  • Pub. L. 110–275, §153(b)(1), added par. (14). (Medicare Improvements for Patients and Providers Act of 2008) Law text · (b)
  • Pub. L. 110–275, §153(c), added subsec. (h). (Medicare Improvements for Patients and Providers Act of 2008) Law text · (h)

2006

  • Pub. L. 109–171, §5106(1), substituted "Except as provided in subparagraph (G), nothing" for "Nothing" in concluding provisions. (Deficit Reduction Act of 2005) Law text · (b)
  • Pub. L. 109–432 amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: "The Secretary shall increase the amount of the composite rate component of the basic case-mix adjusted system under subparagraph (B) for dialysis services furnished on or after Janua… (Tax Relief and Health Care Act of 2006) Law text · (b)
  • Pub. L. 109–171, §5106(3), added subpar. (G). Former subpar. (G) redesignated (H). (Deficit Reduction Act of 2005) Law text · (b)
  • Pub. L. 109–171, §5106(2), redesignated subpar. (G) as (H). (Deficit Reduction Act of 2005) Law text · (b)

2003

  • Pub. L. 108–173, §623(a), (b)(2), (d)(2), in first sentence substituted "Subject to paragraph (12), the Secretary" for "The Secretary", in fourth sentence substituted "Subject to section 422(a)(2) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, … (Medicare Prescription Drug, Improvement, and Modernization Act of 2003) Law text · (b)
  • Pub. L. 108–173, §623(d)(3), inserted "subject to paragraphs (12) and (13)" before "payment for such item" in introductory provisions. (Medicare Prescription Drug, Improvement, and Modernization Act of 2003) Law text · (b)
  • Pub. L. 108–173, §623(d)(1), added pars. (12) and (13). (Medicare Prescription Drug, Improvement, and Modernization Act of 2003) Law text · (b), (13)

2000

  • Pub. L. 106–554 substituted "for such services furnished on or after January 1, 2001, by 2.4 percent" for "for such services furnished on or after January 1, 2001, by 1.2 percent" in concluding provisions. (Consolidated Appropriations Act, 2001) Law text · (b)

1999

  • Pub. L. 106–113 inserted concluding provisions. (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (b)

1994

  • Pub. L. 103–296 inserted before period at end ", except that, in so applying such sections and in applying section 405(l) of this title thereto, any reference therein to the Commissioner of Social Security or the Social Security Administration shall be considered a reference to the … · (g)

1993

  • Pub. L. 103–66, §13566(a)(1), substituted "section 1395x(s)(2)(P)" for "section 1395x(s)(2)(Q)". · (b)
  • Pub. L. 103–66, §13566(a)(2), substituted "1994" for "1991" and "$10" for "$11". · (b)

1990

  • Pub. L. 101–508, §4201(d)(2)(A), formerly §4201(d)(2), as renumbered by Pub. L. 103–432, §160(d)(3), added cl. (C). · (b)
  • Pub. L. 101–508, §4201(d)(2)(B), formerly §4201(d)(3), as renumbered by Pub. L. 103–432, §160(d)(3), added subpar. (C). · (b)
  • Pub. L. 101–508, §4201(c)(1), designated existing provisions as subpar. (A) and added subpar. (B). · (b)

1989

  • Pub. L. 101–239, §6102(e)(8), inserted "or, for services furnished on or after January 1, 1992, on the basis described in section 1395w–4 of this title" after "comparable services". · (b)
  • Pub. L. 101–239, §6203(b)(2), designated existing provisions as subpar. (A) and added subpar. (B). · (b)
  • Pub. L. 101–239, §6219(a), substituted "organizations (designated under subsection (c)(1)(A)) for such organizations' necessary and proper administrative costs incurred in carrying out the responsibilities described in subsection (c)(2). The Secretary shall provide that amounts paid… · (b)
  • Pub. L. 101–239, §6203(b)(1), inserted after second sentence "The amount of a payment made under any method other than a method based on a single composite weighted formula may not exceed the amount (or, in the case of continuous cycling peritoneal dialysis, 130 percent of the amount) of the median… · (b)
  • Pub. L. 101–239, §6219(b), added par. (8). · (c)

1987

  • Pub. L. 100–203, §4036(b), substituted "transplantations" for "covered procedures and for self-dialysis training programs". · (b)
  • Pub. L. 100–203, §4065(b), substituted "facilities (other than hospital outpatient departments)" for "facilities". · (b)
  • Pub. L. 100–203, §4036(d)(5)(A), struck out "and subsection (g) of this section" after "required by subparagraph (H)". · (c)
  • Pub. L. 100–203, §4036(d)(5)(B), struck out at end "The Secretary shall periodically submit to the Congress such legislative recommendations as the Secretary finds warranted on the basis of such consultation and evidence to further the national objective of maximizing the use of hom… · (c)
  • Pub. L. 100–203, §4036(c)(2), inserted "(or July 1, 1988, with respect to protocols that relate to the reuse of bloodlines)" after "January 1, 1988". · (f)
  • Pub. L. 100–203, §4036(d)(5)(C), (D), redesignated subsec. (h) as (g) and struck out former subsec. (g) which directed the Secretary to submit to Congress on July 1, 1979, and on July 1 of each year thereafter a report on end stage renal disease program. · (g)
  • Pub. L. 100–203, §4036(d)(5)(D), redesignated subsec. (h) as (g). · (h)
  • Pub. L. 100–93 added subsec. (h). · (h)

1986

  • Pub. L. 99–509, §9335(j)(1), inserted at end "The Secretary shall reduce the amount of each composite rate payment under this paragraph for each treatment by 50 cents (subject to such adjustments as may be required to reflect modes of dialysis other than hemodialysis) and provide fo… · (b)
  • Pub. L. 99–509, §9335(a)(2), inserted "and of pediatric facilities" after "isolated rural areas" in third sentence, and inserted after third sentence "Each application for such an exception shall be deemed to be approved unless the Secretary disapproves it by not later than 60 working days after th… · (b)
  • Pub. L. 99–509, §9335(d)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "For the purpose of assuring effective and efficient administration of the benefits provided under this section, the Secretary shall establish, in accordance with such cri… · (c)
  • Pub. L. 99–509, §9335(e), amended subpar. (B) generally, substituting "network council and each medical review board" for "coordinating council and executive committee". · (c)
  • Pub. L. 99–509, §9335(f)(1), inserted "and the participation of patients, providers of services, and renal disease facilities in vocational rehabilitation programs" before the semicolon. · (c)
  • Pub. L. 99–509, §9335(f)(2), inserted "and with respect to working with patients, facilities, and providers in encouraging participation in vocational rehabilitation programs" before first semicolon. · (c)
  • Pub. L. 99–509, §9335(f)(5), added subpars. (D) to (F). Former subpars. (D) and (E) redesignated (G) and (H), respectively. · (c)
  • Pub. L. 99–509, §9335(f)(3), (5), redesignated former subpar. (D) as (G) and inserted "and reporting to the Secretary on facilities and providers that are not providing appropriate medical care" before the semicolon. · (c)
  • Pub. L. 99–509, §9335(f)(4), (5), redesignated former subpar. (E) as (H) and inserted "and encouraging participation in vocational rehabilitation programs" after "and transplantation". · (c)
  • Pub. L. 99–509, §9335(g), inserted "or to follow the recommendations of the medical review board" after "network plans and goals". · (c)
  • Pub. L. 99–509, §9335(h), inserted "and that the maximum practical number of patients who are suitable candidates for vocational rehabilitation services be given access to such services and encouraged to return to gainful employment" at end of first sentence. · (c)
  • Pub. L. 99–509, §9335(i)(1), added par. (7). · (c)
  • Pub. L. 99–509, §9335(k)(1), amended par. (7) generally. Prior to amendment, par. (7) read as follows: "The Secretary shall conduct a study of the medical appropriateness and safety of cleaning and reusing dialysis filters by home dialysis patients. In such cases in which the Secret… · (f)

1984

  • Pub. L. 98–369, §2354(b)(41), substituted "end stage" for "end-stage" wherever appearing. · (a), (b), (2), (B), (3), (8)
  • Pub. L. 98–617 realigned margin of par. (11). · (b)
  • Pub. L. 98–369, §2323(c), added par. (11). · (b)
  • Pub. L. 98–369, §2352(a), inserted provision that if the Secretary determines that the facility's or provider's failure to cooperate with network plans and goals does not jeopardize patient health or safety or justify termination of certification, he may instead, after reasonable no… · (c)

1983

  • Pub. L. 98–21 inserted "or section 1395ww of this title (if applicable)" after "section 1395x(v) of this title". · (b)

1981

  • Pub. L. 97–35, §2145(a)(1), (2), substituted "section 1395x(v) of this title) and consistent with any regulations promulgated under paragraph (7)" for "section 1395x(v) of this title)" and struck out provisions that such regulations provide for the implementation of appropriate i… · (b)
  • Pub. L. 97–35, §2145(a)(3), substituted "or other basis (which effectively encourages the efficient delivery of dialysis services and provides incentives for the increased use of home dialysis)" for "or other basis". · (b)
  • Pub. L. 97–35, §2145(a)(4), inserted reference to alternative basis of a method established under par. (7). · (b)
  • Pub. L. 97–35, §2145(a)(5), (6), substituted "(except as may be provided in regulations under paragraph (7)) shall such target rate exceed 75 percent" and "any other procedure (including methods established under paragraph (7)) which the Secretary" for "shall such target rate exceed… · (b)
  • Pub. L. 97–35, §2145(a)(7), (8), added par. (7) and redesignated former pars. (7) to (9) as (8) to (10), respectively. · (b)

1980

  • Pub. L. 96–499, §957(a)(1)–(3), substituted "services, renal dialysis facilities, and nonprofit entities which the Secretary finds can furnish equipment economically and efficiently," for "services and renal dialysis facilities" and "such providers, facilities, and nonprofit entitie… · (e)
  • Pub. L. 96–499, §957(a)(4), substituted ", facility, or other entity will" for "or facility will". · (e)
  • Pub. L. 96–499, §957(b), substituted "July" for "April" in two places. · (g)

Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.