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'That's Euthanasia': Gary Palmer Grills HHS Official On Premature Removals By Organ Procurement Orgs
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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.
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00:00
And as the former chairman, I want to congratulate you on chairing the committee,
00:07
and I know it's going to function extremely well.
00:10
Mr. Lynch, in your written testimony, I want to read something, and I quote,
00:16
as HRSA was directing the OPTN to conduct the review of KYDA practices,
00:21
an industry trade group, the Association of Organ Procurement Organizations,
00:25
publicized an open letter characterizing the ongoing effort to improve patient safety
00:30
through enhanced oversight as a misinformation conspiracy campaign
00:35
and concluded it is time for it to stop.
00:38
And it was signed by more than 20 of the UNO staff.
00:44
Would that letter constitute an attempt to obstruct HRSA's investigation?
00:50
The legal definition of obstruct, I don't believe I would be the most important.
00:53
I don't, I'm not talking about a legal definition.
00:58
It was concerning to HRSA that numerous high-ranking members of the contractor
01:02
and members of the OPTN board did sign that.
01:06
And in the review committee that we directed the OPTN to undertake,
01:10
we asked that nobody who was a signer to that be a part.
01:14
But basically, they were saying there's nothing to be seen here.
01:19
That's correct.
01:20
Okay, but that's not the first time you've had issues.
01:24
Your written testimony also notes that historically,
01:26
HRSA did not receive complete consistent and at times accurate information
01:30
regarding patient safety and complaints
01:32
and concerns raised by the OPTN members and other stakeholders.
01:37
So if there's any consistency here,
01:39
it's a consistency in trying to shield what they were actually doing.
01:46
So one of the problems with having a single contractor environment
01:50
is that if it's responsible for devising the policies,
01:53
anything that's happening that's out of compliance with the policies
01:56
could be seen as a failure of that first process.
01:59
But what I'm, I'm not trying to necessarily throw people under the bus
02:04
because I'm an Oregon donor.
02:06
It's on my driver's license.
02:07
And I realize the consequence of this.
02:09
We had a lot of discussion about this before we ever had the hearing.
02:12
But at the same time, we've got a responsibility to make sure that people know
02:16
that this process will be conducted humanely,
02:19
that it will be conducted legally,
02:22
and that the people who are doing it have at the very minimal
02:27
the best interest of the individual donor and the families that are involved.
02:32
And from your own written testimony and from the report from HRSA,
02:37
I mean, there's multiple instances here where it appears that they were,
02:43
I use the word obstruct,
02:45
but clearly impeding an effort to expose some major problems,
02:51
particularly in Kentucky.
02:52
We are, we have a plan which is already in place to prevent that in the future,
02:57
which includes making sure that...
02:59
I understand, but what I'm trying to say is,
03:01
is that we're in, we're trying to conduct an oversight hearing
03:04
to reach, to come up with some solutions,
03:07
which I think your efforts are excellent from what I've read.
03:11
And that's exactly what you're trying to do.
03:13
But I think there's got to be some accountability.
03:16
There are clearly some, some things that happened that,
03:19
that I think could constitute euthanasia.
03:23
I mean, if the patient's dying,
03:25
but they, they take the patient's organs before they die,
03:29
that, that's euthanasia.
03:31
When, when we identify conduct that we find is at odds
03:37
with the OPTN contractor's duty,
03:39
we have notified them of the expectation to perform better.
03:43
Well, again, as I, we had this discussion before we had,
03:48
had this hearing,
03:49
we want to make sure that,
03:51
that the American public knows that if they are willing to become an organ donor,
03:55
they're going to be treated humanely and legally,
03:59
and that the family's wishes will be respected,
04:01
and that you're not going to have these horrible situations like we've seen here in Kentucky
04:07
and in some other places, frankly.
04:09
And my main concern is that you're able to do your oversight function without interference from anyone.
04:19
I really am disappointed that 20 people signed this letter,
04:23
which to me constitutes obstruction of, of a legitimate investigation,
04:28
which the investigation uncovered some serious, serious problems.
04:31
And I just want to know if there's any consequences that anyone will be held responsible for,
04:40
for what, for how they conducted this.
04:43
And, and going on reading through your, your testimony,
04:46
there are other examples where, where you weren't given accurate information.
04:50
I don't, I won't say that, that it was fraudulent,
04:52
but it was clearly intended to, to not reach the conclusion that you needed to reach.
04:59
So when we identify a deficiency, we do communicate that in the contracting manner.
05:04
But what are the consequences?
05:07
As a non-contracting expert, there is a, a stepwise progression in noting a government contractor's ability
05:13
to perform its functions effectively.
05:15
The consequence that is within my direct scope is that we do not take these things on faith.
05:21
We are trying to make sure that this is something that the government has the accountability.
05:25
We have now the resources to, to get this done.
05:28
So we double check the work.
05:31
My time is expired.
05:32
Mr. Chairman, I yield back.
Recommended
1:24
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