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Tax in health care bill could put Invacare jobs at stake
A new tax on medical device manufacturers that is in the U.S. Senate's health insurance reform bill may force Elyria-based Invacare Corp., which employs 1,300 people in Northeast Ohio, to shift jobs to China or Mexico to remain in business.
Ohio GOP Sen. George Voinovich said the taxes Invacare would pay under the bill would exceed 100 percent of the company's domestic earnings and research and development budget and that the company may send jobs abroad if the tax is implemented.
"It has nothing to do with their profitability," Voinovich said in a Monday night Senate floor speech that attacked the tax proposal. "They say: 'You are this business. You have a percentage of it, and we are going to lay the tax right on your back.' Ohio cannot afford to lose these jobs to another country at any time, but certainly not right now in this struggling economy."
The Senate version of the health care bill imposes a yearly sales-based fee on medical device manufacturers would raise $2 billion nationwide each year, beginning in 2011, to help pay the cost of providing more people with insurance. The figure would rise to $3 billion in 2017.
The fee would be allotted across the industry according to market share and would not be tax deductible. Manufacturers with sales of $5 million or less would be exempt, and those with less than $25 million in sales would pay a reduced rate. The health care bill approved by the House of Representatives would set a smaller tax on medical device makers.
Voinovich hopes the provision will be reduced or removed when negotiators from the Senate and House of Representatives meet to hammer out a compromise between their separate bills, an aide said.
Invacare, which makes power wheelchairs, oxygen delivery devices and other medical equipment, has $1.6 billion in worldwide sales and sells its products in 80 countries. It lost $6.4 million on U.S. sales in 2008 and spent $15 million to $17 million that year on research and development, says its chairman and CEO Mal Mixon. He said the company's $38.6 million earnings in 2008 were all made abroad, and the company employs 6,100 people worldwide.
Mixon said the company would pay a "substantial" amount in taxes if the bill becomes law, but he wouldn't release an exact figure. He said Invacare may have to shift jobs to China or Mexico, lay off workers, or reduce employee benefits to pay the tab. The company won't be able to pass many extra costs to customers, he said, because most of its sales are through Medicare, Medicaid and the Veterans Administration, which have fixed reimbursement rates.
"In the haste to get something passed, a lot of unintended consequences will come out of this bill," said Mixon, who has expressed his frustration to Ohio members of Congress including Voinovich and Sen. Sherrod Brown, a Democrat who has played an active role in drafting the health reform legislation. "All I can tell you is, if the tax passes, and we don't know what is finally going to be there, we will take specific actions to somehow pay for the tax."
Brown and nine other Senate Democrats wrote a letter to Senate leaders in October that expressed concern about how the tax -- then slated to be $4 billion each year -- would affect medical device makers. Brown is still concerned about the provision and will continue to speak with Ohio device manufacturers and distributors to see how he can be most helpful, a spokeswoman said.
"A tax of such magnitude will threaten the existence of some manufacturers, would likely lead to significant job reductions by others, and will certainly curtail investment in innovation," the letter said.
Senate leaders reduced the proposed tax, but medical device makers still aren't happy. The Medical Device Manufacturers Association trade group maintains it will harm patient care and weaken the United States' position as a global leader in medical device innovation.
"There can be little doubt – the proposed tax will have a cascading effect upon innovation, access to technology and employment in the industry," said Mark Leahey, the trade group's president and CEO.
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Filed under Medical Mobility & Disability Equipment by on Apr 8th, 2010. 
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