Massachusetts Code of Conduct: Massachusetts and Vermont’s Gift Ban and Reporting Begins – Compliance Resources

On July 1st the Massachusetts and Vermont’s gift bans and registry of payments to physicians came into effect. 

The Wall Street Journal featured an article outlining how these laws which take place today will have impact on the state of healthcare in Massachusetts.

These laws are the most restrictive in the country and the Massachusetts law is perhaps the most nuanced with restrictions on some things like coffee and tea, but not on others meals in your office accompanied by a presentation from a sales rep.

Most companies operating in the Commonwealth of Massachusetts who sell any medical products and have payments to physicians or healthcare entities (hospitals, nursing homes, pharmacies) will be required to pay a $2,000 fee, plus implement a compliance program and adopt a code of conduct.   The rules apply to practitioners from Massachusetts even if they are visiting your facility in other countries.

As late as the afternoon of June 30th, the Massachusetts Department of Public Health has issued their third round of Questions and Answers on the code.

We have put together a list of resources that you may find useful in understanding the new laws.

Commonwealth of Massachusetts

Frequently asked questions: 

June   30, 2009

May    22, 2009

March 11, 2009

Statute, Regulation, Public Health Memorandum

William Mandell, JD (Peirce & Mandell, LLP)

Medical Conventions in Boston: The Massachusetts Hospitality Industry Responds to the Healthcare Marketing Law: Summary of the New Massachusetts Law, 2009 Healthcare Convention & Exhibitors Association Annual Meeting, June 14, 2009  (PowerPoint for Convention Managers and CME providers)

The Final DPH Pharmaceutical and Medical Device Manufacturer Conduct Regulations: The Industry Perspective, by William M. Mandell, Boston Bar Association Health Law Reporter, Summer 2009

McDermott Will and Emery:

Massachusetts Enacts Final Rules Governing Pharmaceutical and Medical Device Manufacturer Conduct: Manufacturers Must Prepare for a New Regime of State , May 2009

Foley and Lardner, LLP

Massachusetts Legislation Concerning Proposed Pharmaceutical Gift Ban – Implications for Pharmaceutical, Biotech and Medical Device Manufacturers (PowerPoint) (January 2009)

Sidley Austin LLP

Vermont Bans Most Gifts to Healthcare Providers; Law’s Reach Now Extends to Medical Device Manufacturers

Global Life Sciences: US-Healthcare Update
June 26, 2009

Previous Articles:

Massachusetts Pharmaceutical and Medical Device Manufacture's Code of Conduct: Final Version (March 11, 2009)

Massachusetts Pharmaceutical and Device Manufactures Marketing Code of Conduct: Physician Incentives Officially Exempted  (June 8, 2009)

Massachusetts Pharmaceutical and Medical Device Manufacture Code of Conduct: State Q&A’s Plus Analysis (June 1, 2009)

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