OC Kidney Failure Patients Sue CA Over New Dialysis Law

ORANGE COUNTY, CA — Two Orange County kidney failure patients and patient advocacy groups are taking a stand on a new law designed to restrict excessive profits for dialysis companies.

The law AB290, signed by Gov. Gavin Newsom, aims to remove financial incentives to steer dialysis patients to specific providers for premium assistance. Doing so, state Insurance Commissioner Ricardo Lara and others allege the bill "will do irreversible harm to dialysis and transplant patients who need charitable assistance to help them pay for health care."

The American Kidney Fund, who assists many kidney patients with dialysis treatments, is among the plaintiffs who filed the lawsuit on Friday.

The lawsuit, Doe vs. Becerra, alleges that AB 290 is both unconstitutional and interferes with federal health care laws. The domino effect topples from loss of insurance to loss of coverage, and access to treatments vital to keeping patients alive said LaVarne Burton, president, and chief executive officer of AKF.

"California policymakers have removed their safety net and let special interests win out over the needs of this underserved population," Burton said. "AKF remains committed to our promise to do everything we can to protect patients; with the lawsuit, we continue to fight this unconscionable effort by policymakers."

The plaintiffs are seeking a preliminary ruling before AB 290 takes effect.
The state's Insurance Commissioner declined to comment because it is "pending litigation," according to department spokesman Michael Soller.

The Attorney General's Office did not immediately respond to a request for comment.

Read also: A Letter To My New Kidney

City News Service, Patch Editor Ashley Ludwig, assisted with this report.