Following unfounded accusations of unlawful behavior, UNOS responds with facts.
United Network for Organ Sharing (UNOS) is a private non-profit organization focused on saving lives. Its mission is to help patients and their families who are in desperate need of organ donation. But some members of the donation and transplant community continue to malign and defame UNOS, accusing our organization of unlawful behavior.
It must stop.
At a hearing of the House Energy and Commerce Committee’s Oversight Subcommittee on Sept. 11 to discuss HRSA’s implementation of the Organ Procurement and Transplantation Network (OPTN) reform law, several witnesses made false statements under oath alleging violations of the law by UNOS while the non-profit served as OPTN. These individuals were able to produce no evidence of their claims, because it does not exist.
To be clear: UNOS has never engaged in any unlawful behavior. Any statement to the contrary is outrageous and actionable in court.
UNOS has been the international leader in organ donation and transplant for decades, and anyone who questions our motivations or accuses UNOS of unlawful activity is just plain wrong.
Here are some of the statements that imply or outright accuse UNOS of criminal behavior, and here’s our responses:
Statement: UNOS is a monopoly, and that monopoly has meant that patients don’t receive the care they need, and that the donation and transplantation system is corrupt. (Greg Segal, co-founder of Organize, and Dr. Seth Karp, former OPTN Board Member and OPTN Membership and Professional Standards Committee (MPSC) Member)
False. While witnesses used the term “monopoly” to characterize UNOS’ contract role, the characterization is false. The fact that there has only ever been a single OPTN contractor is because the law –not UNOS — said there could only be one OPTN contractor. Since the OPTN’s inception, HRSA has issued requests for proposals for a single organization to operate the network. UNOS submitted a bid proposal at each opportunity to compete. HRSA awarded the OPTN contract to UNOS in 1986, 1987, 1990, 1993, 1996, 2000, 2005, and 2018 HRSA, not UNOS, structures the OPTN contract and the bid process. Use of the term “monopoly” suggests that there is (or should be) a “market” for organ donation and transplant in America – a position with which UNOS strongly disagrees.
Statement: UNOS retaliates against whistleblowers, and engaged in rewarding and incentivizing whistleblower retaliation. (Greg Segal)
False. The individual who recited these false facts, while declining to produce any evidence in support, has never served on or volunteered with the OPTN, never worked within an OPTN member transplant program, and never worked within an organ procurement organization. He has, further, never served in any transplant and donation oversight role with HHS. Nonetheless, he stated under oath that whistleblower complaints were repeatedly and inexplicably brought to him regarding UNOS (while in its capacity as OPTN) because all complainants were afraid to report to OPTN, and that he promptly referred the complaints to law enforcement and government authorities to conduct further investigations.
There is no record of any such complaints, no record of any allegations against UNOS (whistleblower or otherwise) that were referred to law enforcement by Greg Segal, nor any follow-up investigation of UNOS/OPTN by law enforcement or government authorities, nor any request for UNOS’ cooperation in investigation of an OPTN member because of whistleblower complaints brought forth by Segal to law enforcement or HHS. UNOS is aware of no such record, complaint, or incident in the past four decades it has held the OPTN contract.
UNOS adheres to whistleblower protection laws and does not tolerate, or engage in, retaliation against whistleblowers.
