Skip to playerSkip to main contentSkip to footer
  • yesterday
During a House Energy and Commerce Committee hearing on Tuesday, Rep. Gary Palmer (R-AL) spoke about an Health Resources and Services Administration investigation into the organ donation system.
Transcript
00:00And as the former chairman, I want to congratulate you on chairing the committee,
00:07and I know it's going to function extremely well.
00:10Mr. Lynch, in your written testimony, I want to read something, and I quote,
00:16as HRSA was directing the OPTN to conduct the review of KYDA practices,
00:21an industry trade group, the Association of Organ Procurement Organizations,
00:25publicized an open letter characterizing the ongoing effort to improve patient safety
00:30through enhanced oversight as a misinformation conspiracy campaign
00:35and concluded it is time for it to stop.
00:38And it was signed by more than 20 of the UNO staff.
00:44Would that letter constitute an attempt to obstruct HRSA's investigation?
00:50The legal definition of obstruct, I don't believe I would be the most important.
00:53I don't, I'm not talking about a legal definition.
00:58It was concerning to HRSA that numerous high-ranking members of the contractor
01:02and members of the OPTN board did sign that.
01:06And in the review committee that we directed the OPTN to undertake,
01:10we asked that nobody who was a signer to that be a part.
01:14But basically, they were saying there's nothing to be seen here.
01:19That's correct.
01:20Okay, but that's not the first time you've had issues.
01:24Your written testimony also notes that historically,
01:26HRSA did not receive complete consistent and at times accurate information
01:30regarding patient safety and complaints
01:32and concerns raised by the OPTN members and other stakeholders.
01:37So if there's any consistency here,
01:39it's a consistency in trying to shield what they were actually doing.
01:46So one of the problems with having a single contractor environment
01:50is that if it's responsible for devising the policies,
01:53anything that's happening that's out of compliance with the policies
01:56could be seen as a failure of that first process.
01:59But what I'm, I'm not trying to necessarily throw people under the bus
02:04because I'm an Oregon donor.
02:06It's on my driver's license.
02:07And I realize the consequence of this.
02:09We had a lot of discussion about this before we ever had the hearing.
02:12But at the same time, we've got a responsibility to make sure that people know
02:16that this process will be conducted humanely,
02:19that it will be conducted legally,
02:22and that the people who are doing it have at the very minimal
02:27the best interest of the individual donor and the families that are involved.
02:32And from your own written testimony and from the report from HRSA,
02:37I mean, there's multiple instances here where it appears that they were,
02:43I use the word obstruct,
02:45but clearly impeding an effort to expose some major problems,
02:51particularly in Kentucky.
02:52We are, we have a plan which is already in place to prevent that in the future,
02:57which includes making sure that...
02:59I understand, but what I'm trying to say is,
03:01is that we're in, we're trying to conduct an oversight hearing
03:04to reach, to come up with some solutions,
03:07which I think your efforts are excellent from what I've read.
03:11And that's exactly what you're trying to do.
03:13But I think there's got to be some accountability.
03:16There are clearly some, some things that happened that,
03:19that I think could constitute euthanasia.
03:23I mean, if the patient's dying,
03:25but they, they take the patient's organs before they die,
03:29that, that's euthanasia.
03:31When, when we identify conduct that we find is at odds
03:37with the OPTN contractor's duty,
03:39we have notified them of the expectation to perform better.
03:43Well, again, as I, we had this discussion before we had,
03:48had this hearing,
03:49we want to make sure that,
03:51that the American public knows that if they are willing to become an organ donor,
03:55they're going to be treated humanely and legally,
03:59and that the family's wishes will be respected,
04:01and that you're not going to have these horrible situations like we've seen here in Kentucky
04:07and in some other places, frankly.
04:09And my main concern is that you're able to do your oversight function without interference from anyone.
04:19I really am disappointed that 20 people signed this letter,
04:23which to me constitutes obstruction of, of a legitimate investigation,
04:28which the investigation uncovered some serious, serious problems.
04:31And I just want to know if there's any consequences that anyone will be held responsible for,
04:40for what, for how they conducted this.
04:43And, and going on reading through your, your testimony,
04:46there are other examples where, where you weren't given accurate information.
04:50I don't, I won't say that, that it was fraudulent,
04:52but it was clearly intended to, to not reach the conclusion that you needed to reach.
04:59So when we identify a deficiency, we do communicate that in the contracting manner.
05:04But what are the consequences?
05:07As a non-contracting expert, there is a, a stepwise progression in noting a government contractor's ability
05:13to perform its functions effectively.
05:15The consequence that is within my direct scope is that we do not take these things on faith.
05:21We are trying to make sure that this is something that the government has the accountability.
05:25We have now the resources to, to get this done.
05:28So we double check the work.
05:31My time is expired.
05:32Mr. Chairman, I yield back.

Recommended