Health Care Reform, Device Tax

What is the medical device tax?

The proposed $40B tax was included in the America’s Healthy Future Act which was passed by the Senate Finance Committee. The tax would equate to a roughly 3.5% tax levied on the total revenues of a company, regardless of whether a company generates a profit. Therefore, many companies may owe more in taxes than they generate from their operations. The result would be devastating to innovation, investment and the economy.

 

What is MDMA’s position?

MDMA supports bipartisan legislation to improve patient care, reform the insurance industry and promote prevention and wellness. However, the medical device tax being discussed on Capitol Hill will hinder achieving these objectives. 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 enacted, this tax will stifle innovation, harm patient care and weaken the position of the US as the global leader in medical device innovation.

MDMA has been consistently opposed to any medical device tax. For those who justify the tax as “shared responsibility”, MDMA points out that other elements of the bill will result in over $20B in cuts to the device industry. Furthermore, claims that the taxes levied on medical device companies will be offset due to an increased pool of insured beneficiaries receiving treatment are overstated. 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.

What is MDMA Doing?

MDMA has called upon its hundreds of members to participate in congressional fly-ins, congressional hearings, write letters and call their Members of Congress to oppose the tax. Our members are communicating the detrimental impact this tax will have on achieving the long term objectives of health care reform. MDMA believes the bill should include provisions that promote innovation and improve patient care, not harm the system.

02/25/2010

Today, the President met with Democrat and Republican leadership to discuss a bipartisan way forward on health care reform. Based on the discussions, common ground was established in some areas, but deep divisions remain in other areas. For example, Republicans Jon Kyl (R-AZ) and Eric Cantor (R-VA) raised concerns about taxing medical device companies. MDMA remains committed to a bipartisan health care reform bill, but strongly opposes proposals that would levy $20B tax on medical device...

01/28/2010

As President Obama delivered his State of the Union address this week, Congressional Democrats continue to examine options on moving health care reform legislation forward. Democrats discussed the possibility of the House of Representatives passing the Senate bill passed in December. If the House voted affirmatively on the Senate bill, then the legislation would then go to the President for his approval. However, many in the House have already discounted this proposal, signaling that the...

12/28/2009

On December 24, the Senate passed H.R. 3590, the Patient Protection and Affordable Care Act (PPACA) along party lines by a vote of 60-39. The bill included numerous provisions of interest to device manufacturers including the imposition of an annual fee, disclosure of financial relations and other provisions. Of notable interest, the Senate bill included a slightly modified version of the device fee. Specifically, the device fee included in the Senate bill will total $20 billion over 10...

12/10/2009

With mounting opposition on both sides of the aisle to the “public option” in the Senate delayed its debate this week to rework the legislation to include an alternative plan to the public option that would likely allow uninsured to buy into the Medicare program. MDMA is working closely with Senate staff to improve the device related provisions, including the device tax. While MDMA opposes the imposition of a new tax on the industry, it is becoming less likely that the tax will be excluded...

11/19/2009

Senator Majority Leader Harry Reid (D-NV) released the Senate health care reform legislation this week. The bill, the Patient Protection and Affordable Care Act, is the combined product of two previous committee bills from the Finance and HELP Committees. Among other device related provisions, the bill includes a $20 billion tax on the medical device industry. The tax would be non-deductible and would be effective beginning in 2010.

11/09/2009

Late Saturday evening, the House of Representatives narrowly passed the Affordable Health Care for America Act by a vote of 220-215. Still included in the bill was a 2.5% tax on manufacturers and importers of medical devices, as well as provisions related to payment disclosure and comparative effectiveness. The Senate has yet to released it's final version of health reform legislation.

10/19/2009

MDMA Board Members Rob Kieval, Founder of CVRx, and Howard Root, President of Vascular Solutions, testified at the Congressional Field Hearing in Minneapolis on the proposed tax on medical devices in health care reform legislation. The hearing, chaired by Congressman Erik Paulsen (R-MN), focused on the impact the tax would have on innovation and job creation in the area.

10/09/2009

MDMA Board Unanimously Opposes Medical Device Tax

Patient Care, Innovation, Investment and Jobs Will Suffer

03/13/2009

Officials in Massachusetts gave final approval to a law which creates a new code of conduct governing interactions between healthcare practitioners and drug and device manufacturers.

The law places new regulations on the physician-manufacturer relationship by requiring disclosure on financial arrangements and limiting most forms of gifts. The regulations take effect July 1 of this year and the first company disclosure reports will be due on July 1,...

02/27/2009

The President this week highlighted the need to reform the health care system in his first address to a joint session of Congress. In addition, the President also released his 2010 budget this week, which includes substantial increases in health care spending. Citing the need to provide health care coverage to every American, the President outlined a plan to reduce spending and increase tax revenues. Areas the President seeks to address related to health...