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Massachusetts House removes gift ban from bill

Pharma Compliance Alert, July 23, 2008

The Massachusetts House unanimously approved a healthcare reform bill, but without the gift ban unanimously approved by the state Senate in April, according to a Boston Globe article.

Instead of banning gifts, the House instead voted to allow pharmaceutical companies to adopt a code of conduct like the PhRMA Code. Beginning in January 2009, the PhRMA Code prohibits gifts to physicians, but allows companies to provide in-office meals in conjunction with informational presentations.

The House eliminated provisions that would have required drug and medical device manufacturers to disclose consulting and speaking payments to physicians. The House also delayed until November 2009 the implementation of another part of the bill, which bars pharmaceutical companies from buying data that identifies doctors and their prescribing habits. New Hampshire’s data mining law is currently facing legal challenges, while data mining laws in Maine and Vermont were ruled unconstitutional.

Lawmakers believe they can work out their differences on the gift ban and pass the entire bill before the end of the legislative session July 31, according to the Globe.

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