Chairmen Guthrie and Joyce on the Decertification of Kentucky OPO Following Months of Congressional Oversight
WASHINGTON, D.C. - Today, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, and Congressman John Joyce, M.D. (PA-13), Chairman of the Energy and Commerce Subcommittee on Oversight and Investigations, issued the following statements following the Department of Health and Human Services' (HHS) decision to decertify Network for Hope - the Organ Procurement Organization (OPO) covering Kentucky and parts of Ohio, West Virginia, and Indiana.
"Thanks to the steadfast oversight efforts of Secretary Kennedy and our robust oversight on the House Committee on Energy and Commerce, decisive action has been taken to protect American patients and families," said Chairman Guthrie. "We have conducted rigorous oversight of the alarming practices in our organ procurement and transplantation system, and the American people deserve to have an organ procurement and transplantation system that they can trust. This action takes a step forward in restoring integrity back to that system."
"Serious deficiencies in Network for Hope's organ procurement process were brought to light through the work of our Oversight and Investigations Subcommittee," said Chairman John Joyce, M.D. "Despite subsequent efforts by HHS to address these issues, concerns remain about Network for Hope's ability to safely carry out its duties as an OPO. Therefore, I applaud HHS for taking decisive action to initiate the decertification process against the organization. I want to express my gratitude to Secretary Kennedy, Administrator Engels, and Administrator Oz for their attention to this important issue and their recognition of this necessary action following our oversight efforts, including last year's hearing that centered on our concerns regarding Network for Hope. As the process moves forward, I urge Network for Hope to fully cooperate with HHS to ensure that patients and their safety are prioritized throughout the decertification process and the selection of a new OPO to take over Network for Hope's donor service area."
BACKGROUND:
- During the 118th Congress, the Committee on Energy and Commerce led the passage of the Securing the U.S. Organ Procurement and Transplantation Network Act to both modernize the Organ Procurement and Transplantation Network (OPTN) and allow HRSA to institute a competitive contracting process to find the best contractors for various OPTN functions. This legislation was signed into law on September 22, 2023.
- On March 20, 2024, the Committee launched an investigation into the organ procurement and transplantation system by sending a letter to United Network for Organ Sharing (UNOS) requesting information related to concerns surrounding data security and operability, patient safety and equity, and conflicts of interest.
- On March 20, 2024, the Committee also sent a letter to HRSA requesting information related to implementation of the Securing the U.S. Organ Procurement and Transplantation Network Act as well as other concerns related to effective oversight and management.
- On September 11, 2024, the Subcommittee on Oversight and Investigations held a hearing that focused on the implementation of reforms at the OPTN, including the need for stronger oversight and accountability as well as ongoing patient safety concerns.
- During the hearing, questions were raised related to allegations of mismanagement and patient safety concerns after patients began exhibiting signs of increased neurologic function after being previously deemed suitable as an organ donation candidate. Several of these allegations, particularly those related to patient safety, were later substantiated through the findings contained in HRSA's March 2025 report.
- On March 24, 2025, HRSA's Division of Transplantation issued a report that summarized the findings of its investigation into KYDA, the OPO now known as Network for Hope, which serves Kentucky and parts of Ohio, West Virginia, and Indiana.
- HRSA's investigation examined an "index case" and an additional 351 unique cases of authorized, not recovered (ANR) patients. This means that the patients were considered for donation after circulatory death recovery, but no organs were transplanted. The report showed that nearly 30 percent of the cases "had concerning features." The concerning features included problems with patient-family interactions, medical assessments and team interactions, recognition of high neurologic function, and recognition and documentation of drugs in records.
- On May 28, 2025, HRSA issued a corrective action plan to the OPTN, which directed the OTPN to take specific actions within a specified period of time, including developing a 12-month OPTN monitoring plan for KYDA to address concerns identified. The corrective action plan also requires the OPTN to propose policies for public comment to improve safeguards for potential donation after circulatory death (DCD) patients in the organ procurement process and increase information shared with patient families regarding DCD organ procurement.
- On July 22, 2025, the House Committee on Energy and Commerce's Subcommittee on Oversight and Investigations held a hearing examining concerning practices within our nation's organ procurement and transplant system that were identified by HRSA's investigation.
- On September 12, 2025, the Committee sent a bipartisan letter to the HRSA requesting a briefing on its ongoing oversight of patient safety in our nation's organ procurement and transplant system.
- On November 17, 2025, Chairmen Guthrie and Joyce sent a letter to CMS requesting a briefing to better understand HHS' recent actions and ongoing work to enhance safety within the organ procurement and transplantation system.