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US Senate Bill Includes Lower $2 Billion Medical Device Tax



By Jared A. Favole and Jon Kamp, Of DOW JONES NEWSWIRES

WASHINGTON -(Dow Jones)- The key health-care overhaul issue now facing medical-device companies is when they may have to start paying a collective $2 billion-per-year tax proposed in Congress.

The amount itself now seems set and has been halved from an earlier Senate proposal. A bill unveiled Wednesday by Senate Majority Leader Harry Reid, (D., Nev.) would impose the same amount of tax each year--$2 billion--as the health- care bill passed by the House of Representatives. A key difference, however, is timing. The Senate would impose the tax starting in 2010, while the House bill wouldn't require companies to make payments until 2013.

The earlier implementation date could hurt because it could take awhile for device makers such as Medtronic Inc. (MDT), Boston Scientific Corp. (BSX) and Johnson & Johnson (JNJ) to start seeing benefits from expanded insurance coverage under health-care proposals.

Bernstein Research analyst Derrick Sung estimated the proposed tax would hurt industry earnings by 3% to 4%, but he said the impact looks "manageable" because of the potential for offsetting sales linked to expanded coverage.

The Advanced Medical Technology Association, the main trade group for the sector, said in a statement it appreciated the fee's reduction but added: "We will work collaboratively with the Senate and the House on the details of the policy."

Industry lobbyists had pushed aggressively to get the tax slashed from the original $4 billion proposal.

Medtronic Chief Executive Bill Hawkins, in a statement, praised the progress made in reducing the fee but said, "this tax, though reduced, will invariably impact our investment decisions on new therapy development, jobs and global competitiveness."

AdvaMed's stance on how the tax should be calibrated has created tension within the industry. One major medical device company, St. Jude Medical Inc. ( STJ), withdrew its membership from AdvaMed over the issue. The company said it disagrees with the group's push to have the tax based on product complexity.

The Senate bill will won't tax Class I devices, such as tongue depressors, or Class II devices that retail for less than $100. The House bill excludes all devices sold at retail stores.

The Senate bill also divides how the tax would be imposed based on a firm's annual sales. Companies with annual sales below $5 million won't be required to pay a fee, while those with annual sales above $5 million would have to some sort of fee.

J.P. Morgan analysts said in a research note this would hurt companies with thin profit margins but a high level of annual sales.

-By Jared A. Favole and Jon Kamp, Dow Jones Newswires; (202) 862-9207; jared.favole@dowjones.com


  (END) Dow Jones Newswires
  11-19-091635ET
  Copyright (c) 2009 Dow Jones & Company, Inc.

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