Petition Against Proposed Medicare/Medicaid rule change
42CFR Parts 405, 482, and 488. Locator Codes: [CMS-3835-P] RIN 0938-AH17

We the undersigned are adamantly opposed to the reference citation is 42CFR Parts 405, 482, and 488. Locator Codes: [CMS-3835-P] RIN 0938-AH17, the proposed new rule set forth by Medicare/Medicaid regarding authorization to control Transplant Centers. As the rule is written, according to section II, 482.72, [ pages 6145-46 ], transplant centers nationwide will be required to become members of the OPTN and to follow the policies set forth by the Organ Procurement Transplant Network (OPTN ) and the United Network Sharing Program ( UNOS ) in order to receive Medicare/Medicaid approval.

A Town Hall meeting regarding this issue was convened in December of 1999
[ page 6141 ], over five years ago. Since that time, the issues facing organ procurement and the unique methods of live donor searches have changed drastically. This proposed new rule does not take into account any those changes. In fact, the OPTN and UNOS have been vigorously opposed to the emerging new methods for live donor searches which will save the lives of thousands of patients a year and help forestall the nations shortage of available organs for transplantation in years to come.

As you must realize, there is a huge shortage of available organs for transplantation and the OPTN and UNOS have disregarded positive change to add thousands of living donors to the system. The OPTN and UNOS have stated policies against living donor searches. They have fought any attempt to increase living donors found through any form of media. The OPTN and UNOS may use this new rule by Medicare/Medicaid to force transplant centers around the nation to discontinue their living donor programs. This would be devastating to the more than 80,000 patients awaiting an organ to save their lives. By the year 2012, over 1 million people will be awaiting cadaveric organs. If such a ruling is passed, it would be tantamount to handing out death sentences.

While we understand the need for safe medical procedures in transplantation, we are against the proposed new rule as it gives the OPTN and UNOS, both private organizations, too much control and power over our nations health policies. The OPTN and UNOS are contracted by HHS and should not be allowed to set national health standards for transplantation.

We have signed this petition to plead that the OPTN and UNOS are not given the absolute power and authority over our nations transplant centers, and that they not be allowed to set policies regarding Medicare/Medicaid hospital approval as they do not have the best interest of the lives of patients in mind. We feel that for these reasons a new Town Hall meeting must take place to discuss the many new issues facing live donor searches. Donor searches are evolving and using 1999 input for a 2005 issue would be absurd. These new issues and the role of the OPTN and UNOS need to be re-examined within the framework of present and future needs, not past projections.

We are respectfully asking that our elected leaders consider this issue and fully understand the ramifications for the growing number of patients awaiting a life saving transplant.