The Physician Payments Sunshine Act of 2009 was introduced on January 22, 2009 by Senator Grassley (R-IA), and is co-sponsored by Senator Kohl (D-WI), with five other sponsors. This legislation, which provides for transparency in the relationship between physicians and manufacturers of drugs, devices, biologicals, or medical supplies for which payment is made under Medicare, Medicaid, or State Children's Health Insurance Program (SCHIP) SCHIP is gaining momentum.
Although the bill has remained in the Senate Committee on Finance untouched, Senators Kohl and Grassley both released statements on April 1, 2009 emphasizing the key tenets of this legislation in reaction to the Special Communication on Controlling Conflict of Interest in Medical Specialty Societies in the April 1 edition of JAMA.
Senator Kohl asserted that while a legitimate reason for professional medical associations to exist is for the creation of standards of medical practice for their field, “the funding of Professional Medical Associations (PMAs) by drug and device companies raises questions concerning their impartiality.”
Furthermore, reiterating language used in the Sunshine Act, the Senator called for more transparency and public knowledge of where these organizations get their money, “so that Americans can have confidence in the health recommendations of their physicians.”
Moreover, as Chairman of the Senate Special Committee on Aging, Senator Kohl reinforced that he sent a letter to the American College of Cardiology (ACC) and to the Cardiovascular Research Foundation (CRF), which receives many funds from drug device makers, to investigate potential conflicts of interest when these organizations entered into a five-year contract in 2008.
Consequently, this letter requested specific information regarding the nature of this financial relationship as a precursor that outlines the information that physicians will be required to report if the Sunshine Act is passed.
Similarly, Senator Charles Grassley (R-IA) the ranking minority member of the Senate Finance Committee emphasized his passion to bring about full disclosure of money from industry to physicians. Senator Grassley noted that by “letting the sunshine in creates an atmosphere for greater accountability, and that is good for everyone in the medical profession and the patients who rely on their care.” As a leader in this arena, Senator Grassley has sent numerous oversight letters to executive agency advisory board members, such as the NIH and the FDA to examine financial ties to the drug and device industries, including continuing medical education.
Interestingly, while Congress stands in recess for the next two weeks, the talks of healthcare reform and overhaul on Capitol Hill continues to grow, and Senators Kohl and Grassley are not wasting any time.
Using the article published in JAMA to support their legislation, the Senators are echoing the one-sided argument that this “Special Communication” advocates without considering transparency improvements already made.
With co-sponsors, such as Senators Schumer and Kennedy, both leaders on the healthcare reform, and the newly acquired Democratic majority, coupled with the Recovery Act and pending budget that all focus hundreds of billions of dollars on healthcare, this bi-partisan bill almost seems inevitable.
The potential for Congressional hearings on these matters is likely to approach when Congress is back in session, especially with the recent Court decisions concerning states’ rights to sue device makers.
Ultimately, rather than piling on physicians and physician organizations, following the lead of the JAMA paper, a more balanced level of transparency between industry and physicians should be sought.
Senator Kohl : Press Release on JAMA Special Communication
Senator Grassley: Press Release on JAMA Special Communication