Wednesday, January 27, 1999
UC organ facility still operational
INJUNCTION: Evaluation pending to decide future of procurement
agency
By Kiyoshi Tomono
Daily Bruin Contributor
Though the UCLA-based Regional Organ Procurement Agency (ROPA)
was slated to close in November, a federal injunction has allowed
the agency to remain open temporarily and retain its functions.
According to the Health Care Financing Administration (HCFA),
ROPA failed to meet minimum federal standards in both the number of
organs recovered and the number of organs transplanted from 1996 to
1997.
As a result, ROPA stood to loose Medicare funding and its organ
procurement duties. These duties, which involve organ recovery and
distribution to transplant centers across Southern California, were
to be turned over to the Southern California Organ Procurement
Center in November.
But a federal injunction, handed down by District Court Judge
William Matthew Byrne in September, blocked HCFA from decertifying
ROPA until an administrative judge is able to review the agency’s
performance, or the District Court is able to conduct a thorough
re-examination.
This injunction was in response to a complaint filed in August
by the regents of the University of California.
While ROPA officials admit they did not meet federal standards,
they claim the agency was reorganizing and trimming its service
area when the evaluation took place.
"When (HCFA) looked back at 1994, 1995 and 1996, they said that
we didn’t meet all of the standards (and) we knew that," said Gary
Cottongim, executive director of ROPA.
"In 1996, we were in the process of changing our service
territory by making it much smaller," he said, explaining why ROPA
was having difficulty maintaining the number of organs procured for
their region. "We asked them to look at a smaller term, but they
said they would not."
HCFA officials, however, disagreed.
"Sure, the assessment was fair," said Janice Caldwell, associate
administrator with HCFA’s San Francisco regional office. "It was
all in the regulations."
Until the District Court makes a final ruling, it will be
"business as usual" for ROPA, Cottongim said.
Since their evaluation, the agency has used this time to
increase staff and meet government standards. Included in these
standards are five criteria counting the total kidneys, hearts,
lungs and livers recovered, and kidneys transplanted.
"We have met all five of these standards for the last 28
months," said Cottongim. "From 1997 to 1998, we have seen a 10.4
percent increase in the number of organs procured for
transplants."
Despite these improvements, HCFA asserts its assessment was
fair.
"The assessment period was a two-year period, according to
regulations," Caldwell said. "What they have done since then is
commendable, but it doesn’t count."
While no date has been set for a full hearing on the matter,
Cottongim indicated that a hearing could occur as early as the next
five to six weeks.
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