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Health Care Reform, Device Tax

What is the medical device tax?

The $20B tax was included in the Affordable Care Act that was signed into law in 2010. The amount is based on a 2.3% excise tax that will be levied on the total revenues of a company, regardless of whether a company generates a profit, starting in 2013. Many companies will owe more in taxes than they generate from their operations. The result will be devastating to innovation, patient care and job creation.

 

What is MDMA’s position?

MDMA was against the medical device tax from the beginning, and continues to work for a full repeal of this onerous provision. The overwhelming majority of innovation from the medical device industry comes from smaller manufacturers who work closely with clinicians and engineers to develop the therapies and treatments of tomorrow. If it is not repealed, this tax will stifle innovation, harm patient care and weaken the position of the United States as the global leader in medical device innovation.

MDMA has pointed out that there is no data or studies that show the costs of this "innovation tax" will be offset due to an increased pool of insured beneficiaries receiving treatment. In fact, since the majority of products impacted are used in acute care settings where there are legal obligations to treat a patient, the effect of expanded coverage is not likely to increase utilization.

MDMA continues to work with elected officials and our members on the bipartisan proposals to eliminate the medical device tax to ensure that patient care, innovation and job creation continue to thrive.
05/31/2012

 

WASHINGTON, DC – Mark Leahey, President and CEO of the Medical Device Manufacturers Association (MDMA), issued the following statement today regarding the House Ways and Means Committee vote on H.R. 436, the "Protect Medical Innovation Act of 2011:"

 “Today marks the first step towards repealing the 2.3 percent device tax, and we thank Congressman Erik Paulsen and all Members of...

05/07/2012

WASHINGTON, DC – MDMA today submitted comments to the Internal Revenue Service (IRS) regarding its proposed regulations for the 2.3% medical device tax that passed as a part of the Affordable Care Act.  MDMA reiterated its support for a full repeal while highlighting the complexities and challenges under the IRS’ current structure.  

“MDMA has consistently opposed the new excise tax on medical devices as ill-conceived because it will undoubtedly have a detrimental...

03/23/2012

Initial estimate of a $20 billion tax already ballooned to $30.5 billion

WASHINGTON, DC – While the 2.3% medical device tax isn’t scheduled for implementation until 2013, its impact is already being felt across the country on the two year anniversary of it being signed into law as a part of the Affordable Care Act.  MDMA, the leading voice in opposing the device tax, reiterated its commitment to a full repeal, and noted the growing coalition...

02/17/2012

After gathering input from our members and various other stakeholders, MDMA submitted comments to the Centers for Medicare and Medicaid Services’ (CMS) proposed rule on physician payment disclosures.  The "sunshine" regulation is a result of the Affordable Care Act that passed in 2010, and would apply to any expenditures of $10 or more made by device and drug makers to certain health care providers.

"The delay in publishing the draft regulation illustrated the complexities...

02/08/2012

A letter signed by over 70 freshman Members of Congress was sent to the House leadership this week to press for a vote on repealing the medical device tax.

The letter, which was coordinated by Congressman Todd Rokita (IN), noted that with the challenging economy and persistently high unemployment, there is no better time to repeal a provision of healthcare reform that will harm job creation and innovation.

"With this tax on the near horizon, not only will companies be...

02/03/2012

WASHINGTON, DC – Mark Leahey, President and CEO of the Medical Device Manufacturers Association (MDMA), issued the following statement regarding the Internal Revenue Service’s (IRS) proposed regulations for businesses impacted by the 2.3% medical device excise tax: 

“The complexities and unanswered questions in the IRS’ proposed regulations show just how important it is to repeal the onerous medical device tax.  It is a tax on innovation that is already eliminating...

12/14/2011

WASHINGTON – MDMA President and CEO Mark Leahey issued the following statement in response to the Centers for Medicare and Medicaid Services’ (CMS) proposed rule on physician payment disclosure:

“We are pleased that CMS has finally released the proposed regulation and we look forward to reviewing and providing comments from our members.  The delay publishing the proposed regulation illustrates the complexities associated with the law and we urge CMS to consider all...

11/04/2011

Congressman Erik Paulsen's legislation to repeal the 2.3% medical device tax continues to gain momentum in the House of Representatives. Today he announced that his bill gained 218 supporters, a significant milestone.

 "Medical device innovation is not just a Minnesota success story, it's a true American success story," said Congressman Paulsen. "This ill-conceived tax on innovation will jeopardize jobs and reduce access to new, life-saving technologies for Americans all over...

07/18/2011

WASHINGTON, DC -- A broad coalition of medical technology companies and leading associations wrote to Congressional leaders today urging them to repeal the onerous medical device tax which will harm innovation and patient care.  The letter had over 420 signatories, including the Medical Device Manufacturers Association (MDMA), the U.S. Chamber of Commerce, the National Association of Manufacturers (NAM), the National Federation of Independent Business (NFIB), the...

06/06/2011

WASHINGTON, DC – MDMA submitted comments today regarding the proposed regulations for Accountable Care Organizations (ACOs), highlighting the importance of ensuring access to new and innovative medical technologies for patients and providers.

“While MDMA supports the goals of ACOs to improve patient care and delivery and to eliminate waste and inefficiencies, we remain concerned that the proposed regulations could adversely impact access to new and innovative medical...