2nd UPDATE:Retail Health Products Exempt From Medical-Device Fee
23 September 2009 - 5:16PM
Dow Jones News
Manufacturers of low-end retail medical devices will get a break
on industrywide fees, in the latest version of Senate health-care
overhaul legislation unveiled Tuesday by Senate Finance Committee
Chairman Max Baucus, D-Mont.
Baucus has proposed taxes on medical-device manufacturers of $4
billion annually, apportioned by market share, to help pay for
expanded health-insurance coverage and other parts of the
legislation.
But certain devices sold at retail for less than $100 -
including hearing aids, tampons, contact lenses, and glucose and
blood-pressure monitors - wouldn't be counted in calculating the
tax, according to the revised version of Baucus' proposal.
That carve-out stands to lessen the burden of the tax on
companies including CVS Caremark Corp. (CVS), Wal-Mart Stores Inc.,
(WMT), Johnson and Johnson (JNJ), and Medco Health Solutions Inc.
(MHS).
"No consumer will be paying more for Q-Tips, Band-Aids and other
consumer products when walking into a pharmacy or supermarket under
our policy," a Senate Finance Committee aide said. "The fee
appropriately targets manufacturers of more complex, nonretail
medical devices and their total revenues."
The medical device industry is balking at the changes, saying
they just shift the burden of paying the $4 billion in annual fees
onto more expensive products.
"It is literally going to penalize patients that need the more
sophisticated technology," said Wanda Moebius, a spokeswoman for
AdvaMed, the main lobby for the medical-device industry. People in
the industry have begun referring to the fee as an "innovation tax"
because more expensive products will be taxed.
Moebius said it is too complex to tell how the fees will work
because some devices are sold at a variety of prices. Hearing
aides, for instance, can be bought for less than $100, meaning they
won't be taxed, while some are more complex and provide patients
with better hearing abilities and can cost $1,000, meaning they'll
be taxed.
The initial version of Baucus' health-care plan, unveiled last
week, already exempted from the tax Class I medical devices
including tongue depressors, bedpans, and hand-held surgical and
dental instruments.
The change announced by Baucus on Tuesday also carves out Class
II medical devices sold at retail for up to $100 a unit.
Also Tuesday, five Republican governors asked Baucus to drop the
fees on medical device makers altogether, arguing that the tax will
cost jobs in their states. They said the $4 billion annual industry
tax would result in an additional surtax of 3.1%.
"Such a rate would dramatically increase the overall effective
tax rate on manufacturers, making the United States the highest tax
jurisdiction in the world in which to produce medical technology,"
wrote Govs. Tim Pawlenty of Minnesota, Mitch Daniels of Indiana,
Jim Gibbons of Nevada, Arnold Schwarzenegger of California and Gary
R. Herbert of Utah.
The industry fees are part of a package intended to keep the
bill from adding to the U.S. budget deficit. Similar fees will also
apply to health insurers and pharmaceutical manufacturers.
The Finance Committee kicked off formal consideration of the
Baucus bill Tuesday, with a committee vote possible by the end of
the week.
-By Martin Vaughan, Dow Jones Newswires; 202-862-9244;
martin.vaughan@dowjones.com
(Alicia Mundy of The Wall Street Journal contributed to this
article.)