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GPO Reform

Hospital group purchasing organizations (GPOs) were created to save hospitals money on the purchase of supplies and equipment. However, with the creation of a safe harbor by Congress in 1986, certain practices have resulted in the opposite effect. The Congressional exemption allows GPOs to legally collect fees from suppliers to whom they award contracts. Contractual arrangements that have evolved between GPOs and their hospital customers frequently exclude competitive medical technologies that might help patients and allow hospitals to save more money in the long run.

What is MDMA doing?

MDMA continues to be the lead medical technology organization in Washington calling for the GPO industry to reform. MDMA has testified before Congress and regularly meets with lawmakers and Capitol Hill staff to educate them on the importance of reforming the system. Many MDMA members also participate in a GPO task force to lend their voices and experience, helping to shape the association’s policy and approach on this critical issue. MDMA is dedicated to the passage of legislation that will restore the illegality of kickbacks between suppliers and GPOs so that patients have access to the best care at the best price.

11/16/2012

In light of the recent meningitis outbreak, top lawmakers including ranking Member of the House Energy and Commerce Committee Congressman Henry Waxman and Co-Chair of the House MedTech Caucus Congresswoman Anna Eshoo have called for an investigation into Group Purchasing Organizations (GPOs) by the Government Accountability Office (GAO). 

Members are concerned that GPO contracting practices are causing drug shortages and other impediments to the health care delivery...

02/03/2012

The Government Accountability Office (GAO) issued a report looking at the pricing and transparency of costs for certain medical devices, focusing on implantables such as stents and artificial knees and hips. The report was requested by U.S. Senators, and was designed to examine the role that medical devices play in the costs of care. 

"While MDMA supports efforts to enhance transparency in the health care system, it is important to recognize that medical devices represent...

10/06/2010

Elimination of GPO protections could reduce health care costs up to $37.5 billion each year

WASHINGTON, DC – Hospitals spend more each year on medical devices and equipment that are purchased through Group Purchasing Organizations (GPOs) than they would if GPOs were properly incentivized according to a recent study commissioned by the Medical Device Manufacturers Association (MDMA).  The study empirically shows that GPOs fail to deliver on...

09/27/2010

WASHINGTON, DC – Mark Leahey, President and CEO of the Medical Device Manufacturers Association (MDMA) issued the following statement regarding reports by Senator Chuck Grassley and the Government Accountability Office that show no empirical evidence of cost savings by Group Purchasing Organizations (GPOs):

"We thank Senators Grassley, Kohl and Nelson for their leadership and work to ensure that patients and hospitals can purchase the best medical products at...

07/08/2010

A Washington Monthly front page story in this month's issue details the troubling practices carried out by some Group Purchasing Orders (GPOs), bringing them under new scrutiny.

The Wall Street Journal followed up on the coverage, and reported that Senator Herb Kohl of Wisconsin – who is the Chairman of the...

11/13/2009

A commentary in Forbes Magazine Online this week offers a unique insight into the misaligned incentives of group purchasing organizations. The author, a former executive with a large GPO, comments on how the supplier-funded model of GPOs ultimately inflates costs to the health care system. In addition, he notes that the suppler-funded model results in excess Medicare reimbursements for hospitals, ultimately at the taxpayers’ and insurers’ expense. MDMA continues to press Congress on the need...

08/14/2009

Senator Chuck Grassley, Ranking Member of the Senate Finance Committee, Senator Herb Kohl, Chairman of the Senate Aging Committee, and Senator Bill Nelson, a member of the Finance Committee, sent a joint letter to seven group purchasing organizations (GPOs) to inquire about their contracting practices. In the letter, among other requests, the Senators asked for specific information and documentation relating to the GPOs sole-source contracting practices, specific criteria used in determining...

05/28/2009

The Massachusetts Department of Public Health (MDPH) issued guidance on the recently implemented pharmaceutical and medical device manufacturer conduct regulations. MDMA is pleased that MDPH clarified that the regulations do not apply to pre-commercial companies. Furthermore, companies without disclosure filings do not have to pay the required $2,000 fee. However, they do require any company interacting with a Massachusetts licensed health care practitioners...

09/18/2008

MDMA testified before the House Committee on Small Business this week to describe the anticompetitive problems associated with the supplier-funded GPO model and certain dominant firm conduct. Representing MDMA was Said Hilal, CEO of Applied Medical Resources Group. The purpose of the hearing was to examine the lack of oversight and enforcement by DOJ and FTC of anticompetitive practices across a broad spectrum of industries. Hilal accurately highlighted two...

03/12/2008
Medical Devices Law & Industry

Within the past three years, investigation and enforcement activity under the federal False Claims Act1 (FCA) and the federal Anti-Kickback Statute2 (AKS) relating to payments made by medical device companies to their customers, typically physicians, has increased dramatically. The September 2007 highly-publicized orthopedic implant case, involving $311 million in total civil settlements, is just one example of investigations and prosecutions in the medical device industry (1 MELR 436, 10/10...