PUBLIC STATEMENT

Media Contact:
Jenny Daigle | jdaigle@aopo.org

AOPO Statement on Senators Grassley-Wyden Staff Report

MCLEAN, VA. (June 11, 2025) — The Association of Organ Procurement Organizations (AOPO) is committed to supporting a transparent, accountable, and continually improving organ donation system. While we take seriously the concerns raised in the June 10 report released by Senators Grassley and Wyden, the report mischaracterizes both the intent and practices of organ procurement organizations (OPOs). The report focused on two topics: (1) pancreata for research, and (2) conflict of interest policies.

Pancreata for Research

OPOs are mission-driven nonprofits that save lives by recovering organs for transplant. OPOs make organs available to reputable research programs only if they cannot be accepted for transplant. This practice also saves lives by helping advance medical science and develop new treatments for diseases.

In 2020, the Centers for Medicare and Medicaid Services (CMS) issued a rule requiring OPOs to count pancreata recovered for research the same as those for transplant. AOPO and its members cautioned at the time that this policy could distort OPO performance metrics and urged the agency to remove these organs from the certification calculations.

Today, pancreata recovered for research remain part of the performance evaluation metrics, and OPOs have operated in accordance with the rule. When CMS issued clarifying guidance in 2024 limiting this metric to pancreata used for islet cell research, OPOs responded immediately and worked with the agency to validate data and ensure compliance.

Thanks to the generosity of donors and their families, and the tireless efforts of OPOs, organ donation has increased for 14 consecutive years. Government data confirms this upward trend, with more than 45,000 organs recovered for lifesaving transplants in 2024.

Conflict of Interest Policies

OPOs operate under stringent oversight from CMS, the Health Resources and Services Administration (HRSA), and state authorities. They are subject to regular audits and must annually report on financials and conflict of interest policies. Like all nonprofits, OPOs are legally required to maintain robust internal safeguards, with compliance programs approved by their governing boards.

While the report largely revisits old claims without presenting definitive evidence of wrongdoing, it raises concerns about variation in OPO conflict of interest policies – an expectation that contradicts standard practices across most industries. In reality, differences in policy details do not indicate misconduct, so long as potential conflicts are clearly defined, transparently disclosed, and addressed through appropriate governance.

AOPO supports its recommendations for CMS to clarify pancreata reporting requirements and strengthen guidance on OPO conflict of interest policies. We look forward to working with Congress and CMS to bring clarity to these areas and to uphold public trust in our mission to save lives through donation.