Skip to content

Ways & Means Seeks Public Input on Tax-Exempt Organ Procurement Organizations: Potential Violations of Medicare Reimbursement Rules, Misallocation of Resources, and Abuses of U.S. Tax Law

April 16, 2025

WASHINGTON, D.C. – The Ways and Means Committee has issued a public call for information as part of a Committee examination into whether Organ Procurement Organizations (“OPOs”), which qualify as tax-exempt organizations, are abiding by the existing laws and regulations that govern them. The Committee is also concerned about reports that suggest certain OPOs have billed Medicare for costs that may not be appropriate or allowable under law.

OPOs play a crucial role in supporting families across America and must remain dedicated to their core mission: saving lives. The Committee recognizes the important work performed by OPOs and seeks to ensure that these organizations are devoting all their resources to this critical mission.

As part of this effort, Ways and Means Committee Chairman Jason Smith (MO-08) and Oversight Subcommittee Chairman David Schweikert (AZ-01) have released an open letter to the public requesting information and input regarding OPO operations, their allocation of resources, and the existing rules and regulations governing them.

“Public reporting, congressional investigations, and an ongoing federal investigation have raised questions about whether tax-exempt organizations within our nation’s organ transplantation system are operating in a manner consistent with the laws and regulations that govern such organizations,” write Ways and Means Committee Chairman Smith and Oversight Subcommittee Chairman Schweikert. “Given the critical role that OPOs play in our nation’s healthcare system, it is of vital importance that they act in accordance with their tax-exempt status.”

In addition to the request for information from the public, Chairman Smith and Subcommittee Chairman Schweikert’s open letter provides:

  • Background on the laws and regulations governing OPOs as 501(c)(3) entities.
  • Publicly reported events reviewed by the Committee that raise concerns related to unallowable Medicare reimbursements and misallocation of resources.

Read the full letter here.