ConnectLife, Western New York’s only federally designated not-for-profit organ procurement organization (OPO), is taking the federal government to court over policy changes that it argues could cause financial and strategic uncertainty.
The organization, which is represented by attorneys from Philips Lytle LLP, filed a lawsuit on Feb. 27 against the U. S. Department of Health and Human Services and the Centers for Medicare and Medicaid Services over a new rule that would rank OPOs against one another nationwide. Organizations that fall below certain national benchmarks could face decertification or have their service areas opened up for competition.
Buffalo Toronto Public Media has reached out to lawyers from Philips Lytle LLP who are listed in the lawsuit.
ConnectLife is asking a federal judge to overturn the rule, which is slated to take effect later this year.
“We believe this action is necessary to ensure that organ donation continues to be guided by accurate data, local expertise, and policies that truly service patients in need,” said Kevin Gramlich, President and CEO of ConnectLife said in a statement.
Under the new rule, OPOs would be ranked based on two measures: how often they recover organs for donation and how often those organs are ultimately transplanted.
Dr. Liise Kayler, surgeon and Program director of Erie County Medical Center’s Center of Excellence in Transplantation and Kidney Care, argues that those standards don’t take into consideration factors like areas with unique social determinants of health. Western New York, for example, has federally designated medically underserved areas and high rates of chronic illnesses like cancer and diabetes.
“If you're only assessing them based on two measures, and those measures are interrelated and they're not well adjusted for population risk, then I don't think this is valid,” she said. “We all want high quality medical care for sure, but let's make sure that we are measuring the quality of the care accurately.”
In the larger picture of transplants, changes under the federal rule could destabilize the complex process of organ donations.
“Instead of concentrating on the important task of providing transplantable organs, now the concentration is on the decertification process. Organs won't be recovered during that switchover process, and the people's lives will be lost,” Kayler said.
Headquartered in Williamsville, N.Y., ConnectLife has been the designated OPO for Western New York since 1981. ConnectLife ranks 8th in the nation for organ donors and 13th for organs transplanted among 55 OPOs, placing the organization among the country’s top performers.
