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BGR CLIENT CASE STUDIES
Fresenius Medical Care
When the world’s largest dialysis provider—Fresenius Medical Care (FMC)—sought reform in the Medicare payment system for patients with End Stage Renal Dialysis (ESRD), it reached out to BGR’s experienced healthcare lobbyists. FMC wanted Medicare to move from a model of paying separately for dialysis treatments and billable drugs to a system of bundled prospective payment. MedPAC and the Government Accounting Office already embraced this reform, citing improved quality and stability of care for ESRD patients. But the issue never came before Congress for enactment.

BGR entered the scene after passage of the House Medicare reform bill, known as the CHAMP Act. CHAMP had several positive dialysis-related policy provisions—including a bundled payment system for ESRD services—but instead of providing an update formula for a Medicare dialysis composite rate, it instituted a tiered drug payment structure for large versus small-scale providers.

Seeking reform, BGR immediately focused on the Senate Finance Committee, which was ground zero for Medicare legislation because of a veto threat hanging over CHAMP. Here the dialysis industry enjoyed broad support but lacked an effective legislative champion. BGR, knowing veteran members of the committee already had their wish list locked up, turned its attention to the committee’s newer members, who understood the importance of ESRD reforms and the long-overdue payment update. Working in concert with other major stakeholders, BGR sought to persuade these newer members that the industry coalition behind ESRD reform was unprecedented and that immediate action was needed. Key committee members made it clear to Chairman Baucus and Senator Grassley that any Medicare package passed by the Senate Finance Committee must include not just a bundled payment but also an update mechanism, and that discrimination against larger providers was untenable.

Thanks to the efforts of our Congressional champions, a bundled payment system and permanent market-basket update to providers of renal dialysis services was included in each of the major Medicare packages introduced and considered by the Senate. These landmark reforms soon passed with overwhelming bi-partisan Congressional support and have since become law.

FM Policy Focus
FM Policy Focus, a coalition of banks, mortgage companies, and other mortgage industry leaders, hired BGR Financial Services to advocate for stronger regulation of two Government Sponsored Enterprises: Fannie Mae and Freddie Mac. BGR CEO Lanny Griffith and Principals Dan Murphy and Brant Imperatore served as the coalition’s lead Republican lobbyists. BGR successfully advocated for landmark legislation, which was signed into law on July 30, 2008, achieving every goal set out by FM Policy Focus. BGR’s success was all the more remarkable given that Fannie Mae and Freddie Mac hired more than 48 firms and spent more than $170 million to defeat this legislation.
Pew Campaign for Fuel Efficiency
In September 2007, the Pew Charitable Trust Environment Group hired BGR Energy and Commerce to promote its Campaign for Automobile Fuel Efficiency, or CAFÉ. The goal: boost fuel efficiency standards for American cars and light trucks. The challenge was extraordinary in light of Congress not having considered a tightening of fuel efficiency standards since the Carter Administration. Although BGR was late joining the campaign, the team quickly seized the lead on lobbying and advocacy.

BGR’s Energy Team, headed by Vice President Eric Burgeson, fashioned a bipartisan majority in the Senate around a compromise that the House was able to accept and the President was willing to sign. BGR successfully worked with both Republicans and Democrats in Congress, and with the Bush Administration, to craft acceptable policy provisions. Simultaneously, BGR advocated for one of the nation’s largest energy companies, which had competing interests with the CAFÉ. BGR balanced its clients’ needs and brokered compromise legislation that achieved goals set forward by both parties. President Bush signed CAFÉ into law on December 19, 2007, committing the United States to reducing U.S. oil demand by boosting fuel efficiency standards by 40 percent.

CFIUS Review
BGR International has a superior track record in achieving U.S. Government approval of proposed investments within the United States. We have intimate knowledge of the review process by CFIUS—the Committee on Foreign Investment in the United States (CFIUS), chaired by the U.S. Department of Treasury. The acquisition of U.S.-based companies is often subject to CFIUS review. Companies seek BGR’s expertise in addressing the Committee’s anticipated issues and reactions. Such was the case in 2006, when BGR facilitated the sale of Westinghouse Electric Company by British Nuclear Fuels Limited to Toshiba. Again, in 2007, BGR obtained CFIUS approval and acquisition by Dubai International Capital of both Doncaster Group Limited and Almatis. Additionally, BGR assisted with the CFUIS review of the acquisition of Landmark Aviation and Standard Aero Holding, Inc. from the Carlyle Group, and helped clear Mubadala’s investment in Advanced Micro Devices (AMD).
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