ROSSLYN, Va., -- What is common to commercial "relationship building" between a supplier and its customer in many commercial sectors can pose a substantial legal risk in the health care industry. Tickets to baseball games and Broadway shows, dinner at a top restaurant, trips to resorts, golf outings, free educational seminars, gifts, and free product samples are now the legendary subject-matter of criminal indictments alleging Medicare fraud and violations of anti-kickback regulations. Other conduct including charitable donations and research grants are also under legal scrutiny.

Ethics guidelines that define proper conduct between vendors of imaging equipment and medical professionals who use or buy such equipment will be outlined at a special briefing session November 30 at the Radiological Society of North America (RSNA) meeting in Chicago. The session will feature a discussion of the National Electrical Manufacturers Association (NEMA) Code of Ethics, developed in 2004 to help medical imaging suppliers and their customers understand their legal compliance obligations, and to manage and avoid legal risk. Speakers will also address recent indictments and other legal actions brought by the government to enforce the Medicare and fraud laws.

The session, moderated by NEMA, will be held from 4:30 to 6:00 p.m., November 30, in Room S-404-CD in the South building. The panel of speakers will include Tom Hoffman, assistant general counsel of the American College of Radiology, Linda Wawzenski, assistant U.S. attorney in the U.S. Attorney's Office for the Northern District of Illinois, and Sheila Finnegan, formerly with the U.S. Attorney's office and now with the Chicago law firm of Mayer Brown & Platt.
The code represents industry's desire to ensure adherence to the government's anti-kickback and false claims laws, and gives guidance to NEMA member companies on how to interact with customers such as radiologists, cardiologists, and orthopedists. And because the law applies equally to both medical professionals and product suppliers, the guidelines are valuable for health care professionals as well. The code provides assistance on handling entertainment, charitable contributions, grants, travel expenses for training, and other factors relating to the procurement of a vendor's product.

"We developed the code of ethics for a very simple reason. We wanted to get out in front of any potential problems that might develop with the federal laws," says Robert Britain, NEMA's vice president of medical products. "This guide provides a roadmap on how vendors should interact with their customers. The session at RSNA on November 30 will provide depth and detail that all medical professionals involved with imaging should understand."

NEMA says there are several forms of interaction between manufacturers and health care providers that play a key role in advancing medical science or improving patient care. "Establishing clear, widely agreed-upon ethical standards is critical to the medical device industry's ability to continue a healthy collaboration with health care professionals and institutions," says Clark Silcox, NEMA's legal counsel.

A copy of the code can be downloaded at www.nema.org/prod/med/upload/NEMAfinalcodeofEthicsFAQ.pdf.



NEMA is the leading trade association in the United States representing the interests of electroindustry manufacturers. Founded in 1926 and headquartered near Washington, D.C., its medical equipment member companies manufacture products used in medical imaging and radiation therapy. Domestic shipments of these products within NEMA's medical products scope exceed $10 billion. Visit their website at www.nema.org

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