BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:                    SJR 9     
           --------------------------------------------------------------- 
          |AUTHOR:        |Stone                                          |
          |---------------+-----------------------------------------------|
          |VERSION:       |May 22, 2015                                   |
           --------------------------------------------------------------- 
           --------------------------------------------------------------- 
          |HEARING DATE:  |June 24, 2015  |               |               |
           --------------------------------------------------------------- 
           --------------------------------------------------------------- 
          |CONSULTANT:    |Juan Reyes                                     |
           --------------------------------------------------------------- 
          
           SUBJECT  :  The Chronic Kidney Disease Improvement in Research and  
          Treatment Act

           SUMMARY  :  Urges the President and the Congress of the United States to  
          enact the Chronic Kidney Disease Improvement in Research and  
          Treatment Act (HR 1130). Makes other findings and declarations  
          about the prevalence, risks, and research efforts of chronic  
          kidney disease.
          
          This resolution declares the following:
          1)Approximately 50 years ago, kidney failure was a death  
            sentence.

          2)In 1972, Congress developed the Medicare End-Stage Renal  
            Disease benefit. In doing so, Congress ensured that regardless  
            of age or income, any American would have access to  
            life-saving dialysis care. That was the turning point in  
            kidney care.

          3)The Chronic Kidney Disease Improvement in Research and  
            Treatment Act  (HR 1130) was introduced in the House of  
            Representatives by Representative Tom Marino to address kidney  
            disease care.

          4)House Resolution 1130 is built on three primary tenets. First,  
            for individuals living with chronic diseases, especially when  
            those diseases are complicated by multiple comorbid  
            conditions, coordinated care is key to improving outcomes and  
            lowering health care costs. Second, increased research can  
            lead to a deeper understanding of kidney disease prevention  
            and ultimately to significant innovations in treatment.  
            Lastly, stability in the Medicare program is central to an  
            end-stage renal disease program that ensures quality and  







          SJR 9 (Stone)                                       Page 2 of ?
          
          
            produces optimal results.

          5)If left untreated, chronic kidney disease (CKD) can progress  
            to kidney failure, also known as end-stage renal disease, and  
            early cardiovascular death.

          6)More than 20 million adults in the United States, or more than  
            10% of the adult population, are estimated to have CKD and  
            most are undiagnosed.

          7)Kidney disease is the ninth leading cause of death in the  
            United States.

          8)In the United States, diabetes and [sic] are the leading  
            causes of kidney failure, accounting for 72% or about three  
            out of four new cases of kidney failure.

          9)The number of kidney failure cases in the United States  
            population has more than tripled since 1990 and is expected to  
            grow because of an aging population and the increasing number  
            of people with conditions, such as diabetes and high blood  
            pressure, that place them at the risk of developing CKD.

           FISCAL  
          EFFECT  :  This resolution is keyed non-fiscal.
           COMMENTS  :
          1)Author's statement.  According to the author, kidney diseases  
            are the ninth leading cause of death in the U.S.  More than 20  
            million adults in the U.S., or more than 10% of the adult  
            population, are estimated to have CKD. Most cases are  
            undiagnosed.  SJR 9 urges Congress, which created the Medicare  
            End-Stage Renal Disease benefit back in 1972, to further the  
            goal of treating and curing CKDs by passing HR 1130.

          2)Chronic Kidney Disease.  According to the National Kidney  
            Foundation, CKD is a condition characterized by a gradual loss  
            of kidney function over time in which bodily wastes are not  
            properly excreted from the body.  Increased levels of waste  
            can develop into other debilitating symptoms, such as  
            hypertension, anemia, nerve damage, and poor nutritional  
            health.  According to DaVita, CKD progresses over a period of  
            years across five stages, stages defined by the level of  
            functionality of the kidneys.  According to the National  
            Institute of Health's National Library of Medicine, diabetes  
            and high blood pressure are the leading causes of kidney  








          SJR 9 (Stone)                                       Page 3 of ?
          
          
            failure.  
            
          3)HR 1130.  HR 1130, introduced in February of this year, is  
            currently pending in the House Committee on Energy and  
            Commerce, specifically the Subcommittee on Health.  HR 1130  
            includes three provisions that aim to lessen the severity of  
            the ninth leading cause of death in the U.S. - CKD.

            The first provision is an effort to improve the understanding  
            of CKD through expanded research and coordination.  
            Specifically:

               a)     Requires the Comptroller General to submit a report  
                 to Congress assessing the adequacy of federal funding in  
                 CKD research. The report shall include:

                     i.          Analysis of the current kidney research  
                      projects currently funded by federal monies;
                     ii.         Identification of knowledge gaps in areas  
                      of CKD research;
                     iii.        The amount of federal funding on CKD  
                      research as compared to the amount of federal  
                      funding to treat individuals with CKD; and,
                     iv.         Identification of knowledge gaps in  
                      research to assess treatment patterns associated  
                      with providing care to minority populations that are  
                      disproportionately affected by kidney failure.

               b)     Requires the Department of Health and Human Services  
                 Agency (HHS) to establish an interagency committee  
                 responsible for improving the coordination of CKD  
                 research.  The committee will issue reports that include  
                 recommendations for communication and coordination among  
                 federal agencies, procedures for monitoring Federal CKD  
                 research activities, and ways to maximize the efficiency  
                 of the federal CKD research investment and minimize the  
                 potential for unnecessary duplication.

               c)     Requires the Secretary of HHS to issue a complete  
                 study on:

                     i.          The social, behavioral, and biological  
                      factors leading to kidney disease;
                     ii.         Efforts to slow the progression of kidney  
                      disease in minority populations that are  








          SJR 9 (Stone)                                       Page 4 of ?
          
          
                      disproportionately affected by such disease; and
                     iii.        Treatment patterns associated with  
                      providing care, under the Medicare program, the  
                      Medicaid program, and through private health  
                      insurance, to minority populations that are  
                      disproportionately affected by kidney failure.

            The second provision is an effort to promote access to CKD  
            treatments.  In order to do so, HR 1130 will allow dialysis  
            facilities to provide kidney disease education services and  
            will allow physician assistants, nurse practitioners, or  
            clinical nurse specialists to refer individuals to those  
            services.  Similarly, HR 1130 aims to improve access to CKD  
            treatment in underserved and rural areas by including dialysis  
            as a service provided by the National Health Service Corps in  
            health professional shortage areas.

            The third provision is an effort to create economic stability  
            for providers caring for individuals with CKD. Specifically,  
            HR 1130 revises Medicare payments for dialysis services  
            provided to individuals with end stage renal disease and acute  
            kidney injury by ensuring that payment adjustments will not  
            take into account comorbidities. Additionally, the time by  
            which private health insurers shall not consider a group  
            health plan enrollee's end stage renal disease in determining  
            benefits is extended to a 42 month period prior to the date in  
            which services are furnished beginning on or after January 1,  
            2016. Lastly, requires HHS, no later than January 1, 2017, to  
            establish an ESRD Care Coordination gainsharing program for  
            nephrologists, renal dialysis facilities, and providers of  
            services that develop coordinated care organizations to  
            provide a full range of clinical and supportive services to  
            individuals determined to have end stage renal disease.
          
          4)Support.  DaVita, the sponsor of the resolution, states that  
            recognition of CKD as a major health care challenge is at an  
            all-time high among medical experts, health policy makers,  
            numerous health-centered non-profit organizations and the  
            American public.  The California Dialysis Council (Council)  
            states that while medical advancements have permitted kidney  
            failure to no longer be a death sentence for patients, those  
            living with CKD still face very difficult medical procedures  
            and treatment options.  Council states that medical research  
            and advances are needed concerning CKD.









          SJR 9 (Stone)                                       Page 5 of ?
          
          
          5)Amendments. On page 2, line 15:

            "WHEREAS, In the United States, diabetes and  high blood  
            pressure  are the leading?"

           SUPPORT AND OPPOSITION  :
          Support:  DaVita (sponsor)
                    California Dialysis Council
          
          Oppose:   None received.

                                      -- END --