News

WASHINGTON, D.C.  – Last month, the House Committee on Energy and Commerce’s Subcommittee on Oversight and Investigations held a hearing diving deeper into concerning practices within our nation’s organ procurement and transplant system that were identified by a recent Health Resources and Services Administration (HRSA) investigation. During the two-panel hearing titled “Ensuring Patient Safety: Oversight of the U.S. Organ Procurement and Transplant System,” Committee Members heard from the Chief of the Organ Transplant Branch of HRSA regarding the agency’s recently released investigative report outlining shocking revelations about the system’s procedures that put patient safety at risk. The investigation examined an “index case” (KYDA-001) where the organ procurement organization (OPO) that services Kentucky was contacted shortly after the arrival of a patient who was experiencing cardiovascular collapse after an unintentional overdose. After it was determined that further treatment would be futile, the patient’s family made the decision to end life-sustaining treatment and move forward with organ donation via a process known as donation after cardiac (or circulatory) death (DCD). However, despite OPO and hospital staff noting signs of the patient’s improved neurologic function, discomfort, and even expression of fear at multiple points over the multi-day period between when the OPO was first contacted and the patient was brought to the operating room (OR), the decision to pursue organ recovery was not reversed until the physician in the OR became uncomfortable and refused to continue with the process. In addition to the index case, HRSA analyzed 351 unique cases of authorized, not recovered (ANR) patients. This means that the patients were considered for DCD recovery, but no organs were transplanted. The report shows that 103 of these cases, which is nearly 30 percent, “had concerning features.”  HRSA’s Organ Transplant Branch Chief, Dr. Raymond Lynch, testified about KYDA’s (Network for Hope) patterns that were identified in the report, which include: A failure to recognize neurologic function inconsistent or unfavorable for DCD organ recovery on initial patient assessment or subsequent follow up; A failure to work collaboratively with patients’ primary medical teams, including instances of potential violation of separation of roles in patient care; A failure to respect family wishes and appropriately safeguard the decision-making authority of legal next of kin; and A failure to follow professional best practices as well as policies and guidelines for collection of patients’ medical data. The second panel included witnesses from “Network for Hope,” the OPO involved in all of the cases that HRSA reviewed; the United Network for Organ Sharing (UNOS); and the current and recent past President of the Organ Procurement and Transplantation Network (OPTN) Board of Directors.  Chairman Joyce probed Network for Hope CEO, Mr. Barry Massa, for using the word “unique” to describe the index case, the same case where “...hospital staff [felt] extremely uncomfortable with the amount of reflexes patient is exhibiting,” during the procurement process. Congressman Gary Palmer (AL-06) questioned witnesses about an open letter that was issued after the Subcommittee’s September 2024 hearing and signed by the organ donation and transplant industry and community members, including individuals at UNOS and OPTN Board Members. The open letter, per HRSA’s report, “characterized the ongoing effort to improve patient safety through enhanced oversight as a ‘misinformation campaign,’” noting that “[i]t is time for it to stop.” Specifically, the letter portrayed the previous oversight efforts by this Committee as “[s]preading misinformation based on conspiracy theories and hearsay.” UNOS’s CEO, Dr. Maureen McBride, admitted to signing the letter.  The Committee has serious concerns about the message this letter sends both to those conducting oversight of the organ procurement and transplant system and to those who wish to speak up when they wish to report concerns or potential wrongdoing. Oversight of this issue is far from over, and the Committee remains committed to protecting patient safety and maintaining trust in the system to ensure transparency and accountability. As Chairman Guthrie said when recalling his personal experience with our nation’s organ procurement and transplant system, “The conclusion [of this process] is going to come when we have confidence in the system.” ###

WASHINGTON, D.C.  – In case you missed it, Fox News recently published an article featuring a letter from Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, Congressman Gary Palmer (AL-06), Chairman of the Subcommittee on Environment, and John Joyce, M.D. (PA-13), Chairman of the Subcommittee on Oversight and Investigations, requesting information on California’s decision to continue imposing a de-facto EV mandate. In Case You Missed It: “In a sharp rebuke, a Kentucky congressman is pressing California’s top environmental agency for answers after learning the state may be ignoring Congress’ reversal of three key electric vehicle standards. “The House Committee on Energy and Commerce wrote to Sacramento that it is ‘concerned about reports that California, and other jurisdictions who have adopted California standards for which waivers of preemption have been granted, are enforcing preempted vehicle emission regulations in violation of the Clean Air Act.’ “Earlier this year, Congress used the Congressional Review Act to nullify Biden-era waivers granted by the Biden EPA to California, allowing them to implement stricter standards than the federal government. “Several states, including Pennsylvania and Delaware, along with the District of Columbia, have adopted California’s low-emissions standards as well. “The Committee has been made aware that CARB staff is denying auto manufacturers approval to bring vehicles to market unless the manufacturers agree to comply with the preempted regulations,’ the committee continued. “Rep. Brett Guthrie, chair of the House Energy and Commerce Committee, a Republican, told Fox News Digital that the law is clear that the Golden State must end its ‘de-facto EV mandate.’ “Enforcing a ban on the sale of gas-powered vehicles would have dire consequences for American families and businesses,’ Guthrie said. “Forcing Americans to buy these vehicles would strain our electric grid, raise costs, and increase our reliance on China. Our investigation will look into whether California is continuing to enforce an EV mandate in violation of federal law.’ Joining Guthrie on the letter were Reps. Gary Palmer, R-Ala., and John Joyce, R-Pa., chairmen of the environment and oversight subcommittees, respectively. “The committee acknowledged a lawsuit against the recissions from California Attorney General Robert Bonta remains ongoing, but that the intermission does not allow the state to continue enforcing mandates under the nixed waivers. In a June statement announcing the lawsuit, Bonta called the situation ‘reckless, politically motivated and illegal.’ “The letter, addressed to Dr. Steven Cliff, executive officer of the California Air Resources Board, said the committee had been purportedly made aware of CARB staff denying auto manufacturers’ approval to bring vehicles to market in the state ‘unless the manufacturers agree to comply with the preempted regulations.’ “These efforts include CARB staff indicating that the agency would deny California Executive Orders (EO) for model year 2026 vehicles that meet all of CARB’s enforceable regulatory requirements and which California allowed for sale in model year 2025, on the basis that these vehicles do not meet the additional requirements in one set of the preempted regulations: ACC-II.’ “The committee further alleges that CARB’s online ‘repository’ spreadsheet of model year 2026 vehicles showed the board has ‘exclusively approved’ vehicles that would certify under the ACC-II green regulations. “They closed by demanding documents showing whether CARB is continuing to enforce the car, truck or omnibus regulations Congress undid, and all records from the first of the year onward germane to the regulations and Biden-era waivers. “Fox News Digital reached out to CARB and Gov. Gavin Newsom for comment on accusations that the board is discriminating against certain vehicles.”

WASHINGTON, D.C. – Today, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, Congressman Gary Palmer (AL-06), Chairman of the Subcommittee on Environment, and John Joyce, M.D. (PA-13), Chairman of the Subcommittee on Oversight and Investigations, sent a letter to the California Air Resources Board, requesting information on California’s decision to continue imposing a de-facto EV mandate. “The law is clear California must put an end to its de-facto EV mandate. Enforcing a ban on the sale of gas-powered vehicles would have dire consequences for American families and businesses,” said Chairman Guthrie. “Forcing Americans to buy these vehicles would strain our electric grid, raise costs, and increase our reliance on China. Our investigation will look into whether California is continuing to enforce an EV mandate in violation of federal law.” Read more about the letter from Fox News here . Key excerpts from the letter: “The Committee is concerned about reports that California, and other jurisdictions who have adopted California standards for which waivers of preemption have been granted, are enforcing preempted vehicle emission regulations in violation of the Clean Air Act.” “The Committee has been made aware that CARB staff is denying auto manufacturers approval to bring vehicles to market unless the manufacturers agree to comply with the preempted regulations.” Background: On June 12, 2025, President Trump signed three resolutions of disapproval under the Congressional Review Act. H.J. Res. 87, H.J. Res. 88, and H.J. Res 89, which collectively disapproved California’s waiver of preemption allowing the state to impose emission standards that effectively ban the sale of new gas-powered vehicles. The CRA’s passed Congress with bipartisan support. The Clean Air Act clearly bans states from issuing their own emission standards unless EPA grants a waiver of federal preemption. Because the EPA’s waivers have been disapproved under the CRA, the California EV mandates are not allowed under the Clean Air Act. Despite three Congressional Review Act (CRA) resolutions being signed into law this year that block California from implementing vehicle standards that ban the sale of gas-powered cars and trucks through its Advanced Clean Cars (ACC) II regulations, Advanced Clean Trucks (ACT) regulations, and Omnibus Low NOx programs (the Omnibus) regulations, Committee staff have learned that California and other states are continuing to implement the preempted rules. Specifically, following formal disapproval of previously granted waivers due to the CRAs, California is reportedly refusing to certify automobiles that don’t meet the now-preempted standards, contrary to federal law, i.e., the Clean Air Act. CLICK HERE to read the full letter.

WASHINGTON, D.C.  –  In case you missed it, Fox News recently featured Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, who shared his personal experience relating to the importance of ensuring patient safety remains the top priority within the nation’s organ transplant and procurement system.  In Case You Missed It:   “House Energy and Commerce Chairman Rep. Brett Guthrie, R-Ky., spoke to Fox News Digital on Tuesday about how his personal experience with organ transplantation has shaped his view of the system, which he said must ensure families are confident in it so they will not be afraid to donate much-needed organs.    “On Tuesday, the House Energy and Commerce Subcommittee on Oversight and Investigations held a hearing with Dr. Raymond Lynch, the Health Resources and Services Administration’s (HRSA) chief of the organ transplant branch. Current and former leaders of the United Network for Organ Sharing (UNOS), the Organ Procurement and Transplantation Network (OPTN) and the Organ Procurement Organization (OPO), Network for Hope, which serves Kentucky, southwest Ohio and parts of Indiana and West Virginia, were also present.  “The investigation follows a shocking HRSA investigation that found hospitals and OPOs in Kentucky were allowing organ procurement processes to begin despite patients showing signs of life. The investigation ultimately found that, since December 2024, out of 351 cases involving patients who had been authorized for organ procurement, but the organs were ultimately not recovered, 29% showed ‘concerning features’ related to protocols and patient safety, while around 20% exhibited a ‘neurologic status’ not conducive to organ procurement. “My big concern is people will not – if they don’t have confidence in the system – won’t feel like they’ll register as an organ donor, Guthrie said between panels at Tuesday’s hearing.   “People need to have confidence in the system, or at least know the questions to ask if they’re in this end stage with their loved one, Guthrie continued. Because when you’re sitting there, and you’re getting prepped to go get your next – hopefully, chance at life – you also, as you sit there, know that there’s some other family in some other emergency room somewhere else having a different experience. And they are losing a loved one, but they’re willing – the loved one, either pre-designated or they’re willing to let their loved one live on by helping somebody else live. “Guthrie’s experience stems from his mother, who died waiting on a new liver. He recounted how she was, at one point, told they had found her a new liver, but when the surgeon went to go pick up the new organ, it was not in the adequate shape to be transplanted. “Despite assurances that she was high on the list, Guthrie’s mother never found an organ in time before declining so fast that neither the congressman nor any of his relatives could attempt a live-organ transplant procedure. The live procedure allows a living person to donate a part of their organ, which will later grow back but can help repair the damaged organ in the person receiving the partial transplant. “Guthrie said that despite the alarming evidence uncovered by HRSA’s investigation, he still intends to keep his donor status, adding we need more people to donate. Currently, around 100,000 people are waiting for an organ transplant. “While the HRSA investigation probed multiple cases, it highlighted one shocking case in particular where staff were so uncomfortable with commencing the organ procurement process as a result of visible signs of life that some refused to participate. At that point, after staff had witnessed tears rolling down the patient’s face, the process eventually stopped, but not after the patient sat in the operating room getting prepped for organ donation for around 45 minutes. “This should never have gotten to the point of them being in the operating room, Guthrie said of the case. There were a lot of indications this person was not going to die. “Guthrie added that the issue is a bipartisan one and said the work will be done when confidence in the system has been shored up.”   ###

WASHINGTON, D.C. – Today, Congressman John Joyce, M.D. (PA-13), Chairman of the Subcommittee on Oversight and Investigations, led a hearing titled Ensuring Patient Safety: Oversight of the U.S. Organ Procurement and Transplant System. “What happened in these cases cannot go without discussion and oversight. Transparency is key to improving the system and maintaining public trust,” said Chairman Joyce . “The federal government plays a critical role in ensuring the organizations tasked with administering and overseeing our nation’s organ procurement and transplant system operate safely, effectively, and in accordance with the law. This Committee has, and will continue, to follow the facts so that we can restore trust and accountability within the system.”   Watch the full hearing here . Below are key excerpts from today’s hearing: Chairman Brett Guthrie (KY-02): “We just need everybody here today—and both panels—to admit that we have issues we have to fix and not just point fingers. I think that's been a concern by some of us on our side of the dais, and I think both sides of the aisle. As you saw, the HRSA report that the OPO on the index case essentially said everything is working, and we know everything's not working—but we need everything to work—and it starts by acknowledging that we have a role in the process of fixing this. We need to admit we have issues. We need to admit there are issues that need to be fixed, and we need to come together and be constructive because I can tell you, as a son of someone that we were praying was going to have an opportunity to have an extended life, I've seen it. And there are families out there today in the same situation we were in.” Congressman Gary Palmer (AL-06): “The Association of Organ Procurement Organizations publicized an open letter characterizing the ongoing effort to improve patient safety through enhanced oversight as a ‘misinformation conspiracy campaign’ and concluded it is time to stop. Among the signatories to this letter were more than 20 UNOS staff signing with their corporate affiliation. Dr. McBride, did you sign that letter? ” Dr. Maureen McBride: “Yes, I did.” Congressman Gary Palmer (AL-06): “Why?” Dr. Maureen McBride: “Congressman, let me start off by saying that I disagree with the way that letter has been characterized.”   Congresswoman Kat Cammack (FL-03): “As everyone knows, this committee has been investigating corruption from organ contractors for more than a year. In fact, I was in the last hearing that we had on this, and it was quite a contentious hearing. One issue that's pretty close to my heart is ensuring equal access for life saving transplants for patients with disabilities. Just last month, the House passed a bipartisan bill that I was proud to lead alongside my friend and colleague, Debbie Dingell, to end organ transplant discrimination against individuals with disabilities. It is with total horror that I read a recent investigative report highlighting one of the most horrific cases of patient abuses. ” ###

WASHINGTON, D.C.  – This week, the House Committee on Energy and Commerce is holding two Subcommittee Hearings and one Full Committee Markup. Read more below.  SUBCOMMITTEE HEARING: The Energy and Commerce Subcommittee on Oversight and Investigations is holding a hearing on ensuring the nation’s organ procurement and transplant system prioritizes patient safety.  DATE: Tuesday, July 22, 2025  TIME: 10:15 AM ET  LOCATION: 2123 Rayburn House Office Building  SUBCOMMITTEE HEARING: The Energy and Commerce Subcommittee on Energy is holding a hearing on pipeline safety policy and will examine the reauthorization of the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) pipeline safety program.   DATE: Tuesday, July 22, 2025  TIME: 10:30 AM ET  LOCATION: 2322 Rayburn House Office Building  FULL COMMITTEE MARKUP: The House Committee on Energy and Commerce will hold a markup of two bills.   DATE: Wednesday, July 23, 2025  TIME: 10:00 AM ET  LOCATION: 2123 Rayburn House Office Building ###

WASHINGTON, D.C.  – Congressman John Joyce (PA-13), Chairman of the Subcommittee on Oversight and Investigations, delivered the following opening statement at today’s hearing titled Ensuring Patient Safety: Oversight of the U.S. Organ Procurement and Transplant System . Subcommittee Chairman Joyce's opening statement as prepared for delivery: “Good morning, and welcome to today’s hearing entitled Ensuring Patient Safety: Oversight of the U.S. Organ Procurement and Transplant System. I want to begin this hearing by saying that it is an honor to serve as Chairman of this Subcommittee and I look forward to working on a bipartisan basis to shed light on many areas in need of oversight and reform. “Just last year, more than 48,000 organ transplants were performed in the United States. Many of us know someone who is an organ donor or organ recipient. They might be relatives. neighbors, friends, or coworkers. These procedures are often lifesaving and can extend an individual's life by years, if not decades. While organ transplants are a relief to so many families, there is another side of the story that is equally as important, that of the donors and their loved ones. “In September of last year, this Subcommittee held a hearing to conduct oversight of the organ transplant and procurement system, as well as implementation of the Securing the U.S. Organ Procurement and Transplantation Network Act, which was signed into law in September 2023. “During that hearing, certain allegations came to light, raising concerns whether practices and procedures were putting patient safety at risk. Following this hearing, the Health Resources and Services Administration, or HRSA, directed the Organ Procurement and Transplantation Network, or investigate this issue to better understand what transpired in one of these alleged incidents. “HRSA also conducted its own investigation. The agency compiled a report that describes practices at the organ procurement organization (OPO)—formerly known as the Kentucky Organ Donor Affiliates (KODA)—but is now known as Network for Hope. The report also details the failures by the OPO and the OPTN to adequately recognize and respond to poor patient care and quality practices. HRSA then issued a corrective action plan to the OPTN, directing them to take specific actions to address the concerns identified in the reviews. “I ask unanimous consent to enter HRSA's report, dated March 25, 2025, and HRSA's corrective action plan dated May 28, 2025, into the hearing record. Without objection so ordered. “The report provides a detailed overview of HRSA's investigation, including about what is referred to as the index case; additional cases that HRSA reviewed; actions taken by the OPTN, the OPTN contractor (UNOS), and KODA; and, finally, KODA's organ procurement in recent years. “As part of its review of the cases beyond the index case, HRSA focused on the overall medical presentation and initial and subsequent neurologic status of patients, staff interactions with patient families and primary medical teams, and evidence of robust documentation and quality assurance procedures. Lastly, the report includes an appendix consisting of OPTN's findings following the HRSA-directed review. “For every doctor, the most important tenet in the patient-physician relationship is above all, do no harm, but what happened in these cases fractured the physician-patient relationship and saw patients subjected to pain and suffering that never should have occurred. As Members of Congress, we all swore an oath to protect the Constitutional right to life afforded to all Americans. These incidents cannot be allowed to stand without strict investigation and oversight in the spirit of this Constitutional oath.   “The federal government plays a critical role in ensuring the organizations tasked with administering and overseeing our nation’s organ procurement and transplant system operate safely, effectively, and in accordance with the law. Transparency is key to improving the system and repairing public trust. This Committee has, and will continue, to follow the facts so that we can restore trust and accountability within the system.  “I want to thank the witnesses from both panels for joining us today. I look forward to hearing from each of you about the challenges facing the organ procurement and transplant system, the ways that the system can be improved, and how we can ensure the safety of all patients who elect to be organ donors.”  ###

WASHINGTON, D.C.  – Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, and Congressman John Joyce (PA-13), Chairman of the Subcommittee on Oversight and Investigations, announced a hearing titled Ensuring Patient Safety: Oversight of the U.S. Organ Procurement and Transplant System.   “The Committee is continuing oversight of our nation’s organ procurement and transplant system. Shocking information obtained by the Committee has shone a spotlight on ongoing patient safety concerns, lack of transparency, and mismanagement occurring within this system,” said Chairman Guthrie and Chairman Joyce . “This hearing is an opportunity to build upon previous bipartisan oversight work by this Committee and better understand how entities within the organ procurement and transplant system intend to institute reforms. Our members are committed to following the facts wherever they may lead with the goal of improving the organ procurement and transplant system in the United States and restoring faith in the system.”   Subcommittee on Oversight and Investigations hearing titled Ensuring Patient Safety: Oversight of the U.S. Organ Procurement and Transplant System .   WHAT: Subcommittee on Oversight and Investigations hearing on ensuring the nation’s organ procurement and transplant system prioritizes patient safety.  DATE: Tuesday, July 22, 2025  TIME: 10:15 AM ET  LOCATION: 2123 Rayburn House Office Building  This notice is at the direction of the Chairman. The hearing will be open to the public and press and will be livestreamed online at energycommerce.house.gov . If you have any questions concerning this hearing, please contact Annabelle Huffman at Annabelle.Huffman@mail.house.gov . If you have any press-related questions, please contact Katie West at Katie.West@mail.house.gov .   ###

WASHINGTON, D.C. – Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, along with Reps. Palmer (AL-06), Carter (GA-01), Bilirakis (FL-12), and Obernolte (CA-23), penned a letter to the Executive Director of Covered California (CoveredCA), Jessica Altman, to request further information related to the potentially unauthorized transmission of sensitive personal health information involving Covered California’s website. Key Letter Excerpt: “According to public reports and agency statements, tracking technology was embedded on Covered California's website beginning in February 2024, as part of a broader digital advertising effort, and in direct contravention of the tracking platform’s user agreement, which prohibits the use of such tools on pages that collect sensitive health information. Although the tags were reportedly removed in April 2025, following external scrutiny and a vendor transition, the extended period of data exposure raises serious questions about the adequacy of safeguards that Covered California had in place. Forensic testing by investigative reporters identified the trackers in operation and confirmed that user-entered health information was being transmitted to third parties without consent. These circumstances warrant examination of Covered California’s actions under federal privacy standards.” “Ensuring the confidentiality of health information is a foundational obligation for entities operating within the health insurance ecosystem. Federal privacy protections, particularly the Health Insurance Portability and Accountability Act (HIPAA), establish expectations for how covered organizations handle sensitive data. Recent reports and public filings raised questions about whether those expectations were met in this case, and whether existing oversight mechanisms are sufficient to detect and prevent improper disclosures.” Background: Forensic testing shows Covered California —the State of California’s official health insurance marketplace—has been sending sensitive user health data to third-party websites through several online data trackers. Prior to removal of the trackers, CoveredCA had more than 60 trackers active on its website; the average number of trackers on a government website is three. Some types of information sent to such websites include: Searches for doctors in network with specific plans/specializations Demographic information, including gender, ethnicity, and marital status Length of treatment a patent received by a provider Frequency of doctor visits If the user indicated they were blind, pregnant, a victim of domestic abuse, or used prescription medications. The State of California independently operates CoveredCA. As the state’s official ACA marketplace, CoveredCA falls under the purview of Health Insurance Portability and Accountability Act (HIPAA). The disclosure of information such as pregnancy or prescription drug use without proper consent—even for “marketing purposes”—may violate HIPAA. This Congress, the Committee has sent letters to 23andMe and DeepSeek over potential data privacy concerns: The Committee also held a hearing last Congress on the Change Healthcare hack, where personal health information was also jeopardized. CLICK HERE to read Fox News coverage of the letter. CLICK HERE to view the full letter. ###