Comer Pushes HHS Leaders on Roadmap for Organ Recovery Groups

bgov.com

July 31, 2024 3:10 pm

  • Guidance sought to steer revamp of organ procurement groups
  • Oversight chairman wants HHS leaders to explain delay

House Oversight Committee Chairman James Comer is pressing the HHS to explain why it hasn’t issued guidance for a 2020 Trump-era rule that would shutter ineffective groups tasked with linking deceased organ donors with waiting recipients.

Twenty-four, or 42%, of organ procurement organizations operated at the lowest-performing Tier 3 level in 2021, the most recent year with available data. The rule calls for OPOs in Tier 3, based on their 2024 performance, to face decertification from the federal organ transplant program in 2026 if they fail to show improvement.

The rule is aimed at bolstering OPO performance and addressing longstanding criticism that they don’t make enough organs available for transplant. Nearly 104,000 people are on the national waiting list for an organ transplant, and an average of 17 die every day.

Another 13 exit the list each day, too sick to survive the surgery. And researchers estimate 28,000 donated organs go unused in the US each year.

Although the rule was finalized in December 2020, the Centers for Medicare & Medicaid Services hasn’t issued guidance spelling out how the decertification process would work, and how higher-performing organ procurement groups could acquire a failing OPO or take over its service area.

The OPOs say the delay is hampering their ability to prepare for the future. Comer (R-Ky.), in a recent letter to Health and Human Services Secretary Xavier Becerra and CMS Administrator Chiquita Brooks-LaSure, said the inaction by the CMS has increased uncertainty for those who need a transplant and could erode accountability for OPOs.

“Many of these entities are continuing to call the shots and write their own rules,” Comer’s letter said of OPOS. He requested a briefing from the HHS and the CMS on the matter no later than Thursday.

“We expect the briefing to include a description of the steps CMS is taking to ensure the Final Rule is implemented without dilution or delay, including what CMS is doing to proactively issue guidance and conduct ongoing oversight so that OPOs, patients and donor families know how the next phase of the process will work.”

The CMS did not immediately respond to a request for comment.