Proposal to Weaken Ban on Companies' Gifts to Physicians May Gain Momentum in 2012

Although Massachusetts lawmakers did not made any progress on a proposal to weaken a ban on companies' gifts to physicians this year, the issue is likely to come up next year, according to a Boston Herald report.

The ban, which was signed into Massachusetts law in 2008, forbids pharmaceutical and medical device companies from furnishing a long list of "gifts," including cash payments, sports tickets and other valuables, to physicians in an effort to encourage the physicians to prescribe or use the companies' products.

The ban also has strict requirements for circumstances under which companies may provide meals for physicians. Currently, company representatives may only furnish meals at the hospital or office in which the physician works. In addition, medical device and pharmaceutical companies are required to disclose any furnished gifts that had a value of at least $50.

Healthcare and patient advocates have long supported the ban, believing such a prohibition protects patients' interests and helps control healthcare costs. Meanwhile, local restaurants have complained that the ban stifles business, particularly during  medical conferences.

This year, lawmakers introduced legislation that would "peel back" certain provisions of the ban. For instance, the modified ban would no longer have a disclosure requirement for medical device and pharmaceutical companies. The modified ban would also allow companies to take out physicians for meals, as long as the outing is "part of an event that is primarily educational in nature," according to the report. The state's Joint Committee on Public Health has already thrown its support to the proposed modified ban.

The bill is expected to be at the center of debate next year when lawmakers convene to consider a healthcare system overhaul.

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