On December 9, 2002, the Office of Inspector General ("OIG") withdrew a notice of proposed rulemaking that would have allowed for direct payment of Medicare Part B or Medigap premiums by independent dialysis facilities on behalf of financially needy End Stage Renal Disease ("ESRD") patients, creating an exception to existing law, which currently prohibits such practices. Withdrawal of the proposed rulemaking was based upon concerns that the arrangement had potential for abuse; would create demands for additional exceptions for patients with other chronic diseases; would result in financial losses for insurance companies and ultimately, increased insurance rates; and the existence of other effective lawful mechanisms through which ESRD patients receive similar financial assistance.

This material is not intended to create, and does not create, an attorney-client relationship between you and Vinson & Elkins L.L.P., and you should not act or rely on any of this information. As legal advice must be tailored to the specific circumstances of each case, nothing provided herein should be used as a substitute for advice of competent counsel. These materials do not constitute legal advice, do not necessarily reflect the opinions of Vinson & Elkins L.L.P. or any of its attorneys or clients, and are not guaranteed to be correct, complete, or up-to-date. Vinson & Elkins L.L.P. assumes no liability for the use or interpretation of information contained herein. This publication is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Unless otherwise indicated, V&E attorneys listed are: not Certified by the Texas Board of Legal Specialization. None of the attorneys listed on this website is certified as an "expert" or "specialist" pursuant to any authority governing the practice of law in New York.

Vinson & Elkins is a registered limited liability partnership. Principal office-Houston.