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Published: May 29, 2012
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Will the Medical Device Tax Force You to the Unemployment Line? | Medical Device Podcast

An interview with Steve Ferguson


Stryker, Hill-Rom, and Zimmer. What's the common denominator between all three of these large medical device companies? Come on, this is a total softball. For those of you that went to public school, the answer is LAYOFFS. All three device companies have attributed their recent layoffs to the impeding 2.3% medical device excise tax. But wait, there's more...

Stephen Ferguson, Chairman of the Board, The Cook Group

Both the Office of Management & Budget and the Joint Committee on Taxation estimate the device tax will raise about $20 billion from 2013 through 2020. A MassDevice.com analysis revealed that the tax is likely to bring in more than $2 billion in revenues next year from the top 50 medical device companies alone.

Want more? AdvaMed estimates the tax will kill between 39,000 and 43,000 medtech jobs. A recent KPMG survey revealed that over 60% of medical device executives believe it will increase tax compliance costs.

Okay, you get it. So let's pass the baton to Mr. Steve Ferguson, the Chairman of the Board of the Cook Group, Inc. Yes, that Cook. The parent of companies worldwide involved in the research, development, manufacture, and sale of medical devices. Before his days at Cook, Steve was a partner in the law firm of Ferguson, Ferguson & Lloyd from 1966 to 1990, and remains of-counsel with the firm Ferguson & Ferguson. He served four terms in the Indiana House of Representatives from 1967 to 1974. Ferguson received his A.B. from Wabash College in 1963 and a J.D. with distinction from Indiana University School of Law in 1966.

In this interview with Steve Ferguson, we learn all about the 2.3% medical device tax and its potential implications.

Here's What You Will Learn

  • Why has Cook taken such a vocal stance in the effort to repeal the 2.3% medical device tax?
  • Why haven't other large medical device companies followed in the footsteps of Cook? Because of fear? Because the tax will hurt smaller companies the most? Is there more to the story?
  • The medical device tax is top-line in nature. What does this mean and how will it impact the bottom line for medical device companies?
  • Why was the medical device tax even considered in the first place? Learn why it actually could have been worse than it is now!
  • But millions more people will be insured through healthcare reform. Won't medical device companies benefit from this? Steve dispels the myths to this theory.
  • Can't medical device companies just pass along the increased costs to their customers?
  • The rather obvious potential negative ramifications of the medical device tax: Outsourced manufacturing, layoffs, reduced investment in R&D, increased compliance costs. Needless to say, the list is rather long.
  • Is industry powerless to fight back? What actions can you take today to help repeal the medical device tax?

 

Listen to the "Will the Medical Device Tax Force You to the Unemployment Line?" podcast (right click and select "Save Link As" to download the podcast).

Download the PDF action points of the "Will the Medical Device Tax Force You to the Unemployment Line?" podcast.


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CEO-Induced Business Pathophysiology

Steven-X is correct regarding an overreaction by people like Mr. Ferguson, and I believe it is quite reckless.

I shall explain. At 4:00 a.m., I had an epiphany regarding the medical device industry, why it's in such bad shape. It's all based on an analogy of the physiology of the human body and the "physiology" of business. Now, I never took a business class in my life, let alone gone and got an M.B.A., but I have a doctorate in physiology and know the subject very well, and can just see the very close parallels between the body's pathophysiological response to hemorrhage and the CEOs' response to "insult" (FDA, medical device tax, cost pressures, you name it, but it really doesn't matter).

When the body undergoes a mild hemorrhage, the blood pressure drops. Obviously, but the pressure needs to be maintained to keep conscious, to keep the heart pumping, and to maintain the body's organ systems functionality. To protect itself, a whole bunch of autonomic defense mechanisms come into play, and the blood pressure gets maintained. With larger and larger hemorrhages, the same defense mechanisms respond, but more intensively, and new ones come into play, all to maintain that all important blood pressure. But, unfortunately, the pressure oftentimes cannot be maintained, and, over time, many of those defense mechanisms, through positive feedback mechanisms, become toxic to the body, such that a state of irreversible shock is induced, and no matter what is done, death will always occur. So, what is the best way to treat hemorrhage? Obviously, put blood back in. Blood carries nutrition and oxygen, and supplying it leads to fast recovery if done in time, raises the blood pressure, and shuts off all of those non-toxic and toxic defense mechanisms. Simple. Every physiologist knows this.

In business, all of those "insults" mentioned above are "hemorrhages", and the autonomic defenses are what the CEOs are doing to their companies to mitigate the insults. Initially, what the CEOs should do for "mild hemorrhages", they have done with success, and they have maintained the "blood pressure" of the company (profits, share price, by whatever term or method, it really doesn't matter). However, different from the real body, where blood pressure can be accurately determined through a number of baroreceptors throughout the body, the "blood pressure" of the company is only roughly perceived through human eyes, so inordinate responses can be taken unnecessarily. What CEOs did for mild hemorrhages, they figured they should do more of, and add a few other nasty things, to try to handle what they perceived as severe hemorrhages. That is what I see taking place by CEOs (cost cutting, job cuts, outsourcing R&D, shifting manufacturing overseas, selling off divisions), and unfortunately, like the body, I believe those defenses have already been and will continue to become more and more toxic, until an irreversible spiral towards company "death" results.

Like the human body, what should the company do to shut down the toxicity? Obviously…invest in R&D and innovate to create new sources of money, as money is the life blood of any company. Now, every pure business person will come back and say, and they already have to many of my MD+DI posts regarding R&D, this is crazy, and spout any number of business terms to cover why spending shouldn't occur when reducing costs is what needs to be done. But these mild defense mechanisms only go so far, and, inflation and other costs like employees healthcare will continue to tip the balance downward. Innovation is the only way for high tech companies to maintain their health. All of those more severe, truly overreactive responses like Mr. Ferguson must be avoided, because they will lead to a potentially unrecoverable state: depleted R&D, manufacturing, and sales workforces with the majority of technical abilities gone away; leaving a company a shell of its former, glorious state.

I'd also like to pose another analogy regarding strategy. I used to play chess quite a bit way back in high school and college, and there were certain players who used to play a type of game called a gambit. Now, a gambit in chess terms is to offer up material, a pawn or two, in the hopes of long-term strategic gain that, hopefully, will result in a win. Now, gambits are very tricky, and in order to offer one, the player had better know what he or she is doing, or a rapid disaster could result. Hence, those players truly studied historical games and even books on those gambits to assure their success. What I believe is going on with the CEOs/Chairmen like Mr. Ferguson, with their cost cutting, job cuts, outsourcing R&D, shifting manufacturing overseas, selling off divisions, etc. is that they are playing one hell of a gambit. Unfortunately, with CEOs coming and going so rapidly, and with an industry so young as this one, there is absolutely no historical basis to assure any possible success with this strategy.

Paul Stein

Tax

No one likes taxes, but 2.3% causing massive alyoffs? Is there some provision of the law that prevents the tax from being passed on to the consumer? All other taxes are passed on as normal business expenses. Since all Med-Tech businesses are affected, no one get a competative hit. I would assume all imported medical devices are also subject to this tax (if not, that would be a bone of contention).

Really, the tax would be more than offset by eliminating just one CEO or VP from each Med-Tech company. Most do not contribute any value to the company, but instead drain valuable resources that could be directed to R&D or capital investment.

Your idea

Regarding your second paragraph, I believe that is the first time I've heard that particular suggestion.

I thought it would be interesting to look at the numbers for this example to see how it would play out.

MassDevice.com did an analysis to see what the tax burden would have been in 2011 for some of the major medtech players—had the 2.3% tax existed then.

I'll look at just one example here now:

In 2011, MassDevice.com report that Covidien had profits of $1.868 billion. Their bill for the medical device tax that year would have been $80 million, according to this estimate. According to Forbes, the CEO's total compensation (granted, this figure was for 2010) was $4,875,665.

That is a tidy sum but still much less than the estimated bill from the tax—-at least in this example.