The Physician Payments Sunshine Act

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THE PHYSICIAN PAYMENTS SUNSHINE ACT

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Presentation transcript:

The Physician Payments Sunshine Act 2009 Update: The Physician Payments Sunshine Act

Push for federal disclosure legislation Only a handful of states currently have disclosure requirements, but the number is growing. Companies have to comply with a growing number of state laws and regulations. Of existing requirements, most don’t cover medical device companies, few make information public.

Patients have no definitive resource for information on physician-industry relationships. Medical professionals have limited ways to learn about potential conflicts of thought leaders, article writers, speakers. Research institutions have demonstrated inability to monitor potential conflicts of their employees.

New legislation What must be reported: Name Business address Value of payment Dates of payment Form of payment Nature of payment Product connected to payment, if any

New legislation What must be reported: Payments over $100 annually Differs from prior $500 threshold Physician ownership in nonpublic companies

New legislation Penalties for noncompliance: $1,000 to $10,000, with annual cap of $100,000 Knowing noncompliance: $10,000 to $100,000, with $1,000,000 annual cap.

Preemption “the provisions of this section shall preempt any law or regulation… that requires an applicable manufacturer to disclose or report information regarding a payment or other transfer of value provided by the applicable manufacturer to a covered recipient.” This law “shall not preempt any law… that requires the disclosure or reporting of information not required to be disclosed or reported under this section.”

What is next Currently accepting comments Input, questions always welcome: (202) 224-4515