Medical Device Lobby Wins Lower Fee In House Bill
26 Octubre 2009 - 5:31PM
Noticias Dow Jones
House lawmakers will propose a $20 billion fee on medical device
makers--chopping in half a $40 billion fee approved earlier this
month by the Senate Finance Committee as part of a plan to pay for
health overhaul legislation.
Under the terms of House legislation that has not yet been
released, the tax would wait until 2013 to kick in. The Finance
panel version would have taken effect immediately, even though much
of the broader bill does not go into force until 2013.
Senate Majority Leader Harry Reid, (D, Nev.), may also lower the
fee to the level embraced by House lawmakers before final Senate
legislation reaches the floor, according to people in the device
industry. Reid's office declined to comment.
The lower fee comes as big device makers like Medtronic Inc.
(MDT), St. Jude Medical Inc. (STJ), and Johnson & Johnson (JNJ)
have lobbied furiously against the Senate proposal. Their
congressional allies from Minnesota, California, Massachusetts and
elsewhere have barraged Democratic leaders with calls and
letters.
"They're in a complete panic," said one House aide. The new,
House version of the fee doesn't remove the sting entirely, but it
would whittle down and delay a financial hit the sector claims will
hurt product innovation.
House Democrats may unveil their broad health-care proposal as
early as this week, with a vote aimed for November. The medical
device tax will help bring revenue that Democrats have sought, to
ensure their proposals expanding coverage to the poor and to the
uninsured won't add to the deficit.
The structure of the House tax, details of which were described
to Dow Jones by House aides and industry officials, is also
different than that approved by the Senate Finance Committee. The
Finance Committee version would divide up the tax based on the
prior year's market share--leading older, established companies to
claim they were paying disproportionately with respect to
start-ups.
The House version will be an excise tax imposed on the device at
the point of sale. The tax would be set at a level that would yield
a total of $20 billion between 2013 and 2019.
Because the tax is imposed at point of sale, it would be paid by
wholesalers and distributors in the case of some cheaper medical
devices--such as bedpans, tongue depressors and the like. High-end
medical devices are sold directly to hospitals by the manufacturer,
and so in the case of sophisticated technology, it is the
manufacturer who would pay the tax directly.
Also, all retail products would be exempt from the tax under the
House plan. The Senate Finance version would have exempted only
retail products that sold for less than $100 per unit.
-By Martin Vaughan, Dow Jones Newswires; 202-862-9244;
martin.vaughan@dowjones.com