House Introduces Sunshine Act – adds guilt by association and one strike and your out.

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The house introduced their version of the Physician Payment Sunshine Act on March 14th

PPSA has the purpose of requiring manufactures to report all “gifts” to physicians.  In the both versions the definition of gifts includes: any compensation, gift, honorarium, speaking fee, consulting fee, travel, discount cash rebate, services, participation in medical conferences, continuing medical education, other educational or informational program or seminar.

The house version differs from the senate version in the following ways:

Added in the definition of gifts:

Payments to a covered organization that a physician has a significant membership interest (A voluntary paying member or receives professional certification through such organization) this covers all medical societies and most voluntary health organizations with paying professional members.

Funded Research (such as lab-based, epidemiology, or health services research) that is not a clinical trial.

Dividend, profit distribution, stock or stock option grant, or any ownership or investment interest held by a physician in a manufacturer.

Reporting of payments or other transfer of value for clinical trials

Reduced the size of the companies that have to report from 100 to 1 million in revenue

Amends the Internal Revenue Code to prohibit tax deductions for the advertising, promotion, or marketing by manufacturers of drugs, devices, and medical supplies on whom a penalty is imposed for failing to meet the requirements of this Act.

A side by side comparison of the versions House and Senate Comparison PPSA

Links:

DeFazio Press Release

House Bill HR5605 and Status

Senate Bill S2029 and Status

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