Life Science Compliance Update

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May 22, 2013

Physician Payment Sunshine Act: 62% of Companies are Capturing Aggregate Spend Information

Writing a list
The Center for Business Intelligence (CBI) recently reported that only 62% of companies in a recent survey are capturing aggregate spend information as it relates to Physician Payment Sunshine Act and similar state laws.  30% are only operational as it relates to states, but working on and planning to comply with federal regulations.  Interestingly, the survey also showed that only 54% of sales personnel get signatures for non-HCPs (e.g., support staff) when providing a meal in an office or hospital setting.  

In addition, the CBI survey showed that when handing out peer-reviewed articles inconsistent with the label due to a truly unsolicited request for such information, and in compliance with the Final FDA Guidance on Good Reprint Practices,  

  • 4% of companies required the requesting HCP’s signature prior to tendering the article, but only for sales reps
  • 29% required a signature for both sales reps and MSLs
  • 46% require no signature and just provide the article and document it if requested; and
  • 21% just provide the article.

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