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AdvaMed Statement on Physician Payments Sunshine Act of 2009

by Barbara Kram, Editor | January 23, 2009
AdvaMed
WASHINGTON, D.C. - Stephen J. Ubl, president and CEO of the Advanced Medical Technology Association (AdvaMed), released the following statement Thursday regarding the introduction of the Physician Payments Sunshine Act of 2009, sponsored by U.S. Senator Herb Kohl and U.S. Senator Charles E. Grassley:

"AdvaMed commends Senator Kohl and Senator Grassley for their continued leadership on this important issue. AdvaMed and its member companies support the appropriate disclosure of payments made to physicians and were pleased to have supported S. 2029 as revised last year.

"We are currently reviewing the details of this newly re-introduced legislation but believe it is important that any federal disclosure legislation create a uniform national standard to prevent a patchwork approach by all 50 states.
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"As we review this legislation, we also will be mindful of the unique needs of medical device companies, many of whom are small businesses that may lack the resources to meet the administrative requirements set forth in the bill, and the need to include physician-owned entities, distributors and group purchasing organizations (GPOs) in the compliance requirements set forth in the legislation.

"Physicians play a critical role in the continued innovation and advancement of medical technology and federal disclosure legislation should be written in a way that allows for our unique research and development process to thrive while providing meaningful information regarding payments to physicians in an appropriate context.

"In December, AdvaMed's Board of Directors unanimously approved a major revision and strengthening of its Code of Ethics on Interactions with Health Care Professionals. The revised Code further clarifies and distinguishes between appropriate and inappropriate activity between health care professionals and medical technology companies.


Highlights of the new code include:

* A new Code Compliance section under which a list of companies that certify their adoption of the Code will be available for public review on AdvaMed's Web site.
* An explicit prohibition on providing entertainment or recreation to Health Care Professionals (HCPs). Additionally, the changes prohibit gifts of any type, including all non-educational branded promotional items, regardless of value.
* Guidelines that allow for companies to enter into royalty arrangements with HCPs in exchange for substantial contributions that improve medical technologies.
* A new section addressing Evaluation and Demonstration Products which sets forth appropriate parameters under which companies may provide no-charge products intended to educate both HCPs and patients on newer or improved medical technologies.
* An expanded section addressing the provision of objective reimbursement, coverage and health economics information to HCPs in order to improve patient access to medical technologies.

AdvaMed member companies produce the medical devices, diagnostic products and health information systems that are transforming health care through earlier disease detection, less invasive procedures and more effective treatments. Our members produce nearly 90 percent of the health care technology purchased annually in the United States and more than 50 percent purchased annually around the world. AdvaMed members range from the largest to the smallest medical technology innovators and companies. For more information, visit http://www.advamed.org/.