Hearing focuses on Kentucky's organ donation process amid calls to decertify Network for Hope

LOUISVILLE, Ky. (WDRB) -- A Congressional hearing Tuesday focused on problems with organ donation in Kentucky and other states. Lawmakers pushed for greater accountability and transparency from organ procurement organizations known as OPOs.

The hearing focused on the state's organ donation process as advocates call for Network for Hope to be decertified — a move federal regulators recently made against an agency in Florida.

Nycki Martin, a former employee with Kentucky Organ Donor Affiliates, testified her job involved assisting in the organ recovery process. KODA rebranded as Network for Hope, and the organization is at the center of a federal investigation after TJ Hoover, a Kentucky man, woke up as he was being prepped for organ donation.

"Immediately upon waking, he was paralyzed and sedated," said Martin, one of four speakers at the hearing.

Medical records say Hoover had been declared brain dead in 2021 and was being prepared for organ donation when he regained consciousness — a stunning turn that raised serious questions about the organ donation process.

Martin said hospital staff described the situation as "inhumane" and akin to "human euthanasia."

"We can show the public we see the problems (and) we're working on them," Martin testified. "The public should have more informed consent to truly understand what they're signing up for when they sign up to be an organ donor, because organ donation is so important, and we need it so badly. Thousands of people are dying, but thousands of people are taking their names off the organ donation registry. So we have to fix that."

Kentucky saw a surge in removals from the registry amid the federal investigation into Network for Hope. In a document given to Congress, the nonprofit's CEO Barry Massa wrote that more than 2,100 people had taken their names off the list from September to December of last year, including more than 1,000 names removed just last October.

Martin coming forward as a whistleblower helped spark the federal investigation.

"In just 89 days, there were 103 cases in which the organ donation process was initiated in error," she said. "What is even more frightening is that the investigation only examined cases in which the patient survived. We have no way of knowing how many times organs may have been recovered from patients who would have otherwise lived."

Rep. Tom Suozzi, D-NY, said the country spends between $500,000 and $2 million for every organ transplant.

"It's my understanding we spend between $500,000 to $2 million dollars for every single transplant. That's a lot of of money we spend mainly Medicare and Medicaid as well," he said. "We have to make sure the bad actors are held accountable."

Federal investigators with the Health Resources and Services Administration looking into Network for Hope found issues with patient-family interactions, medical assessments and recognition of high neurological function.

"The claims made during the Oversight Subcommittee Hearing on December 2 do not reflect the positive impact of Network for Hope since its merger in October 2024," Massa said in a written statement to WDRB. "Network for Hope has worked cooperatively with Congress and oversight agencies. From speaking on behalf of our organization in front of the House Committee on Energy and Commerce, Subcommittee on Oversight and Investigations in July, to cooperating with HRSA in all respects, Network for Hope is committed to transparency, accountability, and continuous improvement in the organ donation process. We will continue to foster strong and collaborative relationships with our partners in this deeply important, life-saving mission to prioritize and ensure a safe and compassionate donation process for the individuals who are donors and their families."

The Ways and Means Committee said there are cases OPOs overbilling Medicare for costs that don't qualify for reimbursement, including executive compensation, lobbying, meals and entertainment.

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