Unanimous Vote Bans Gifts to Doctors in Massachusetts
A unanimous vote, 36-0, in the Massachusetts Senate passes legislation pertaining to healthcare reforms within the state. The bill is the first of its kind in the nation although Minnesota and Vermont both have similar laws but without the full scope of the Massachusetts act.
The most controversial part of the reform package bans pharmaceutical and medical device manufacturers from giving doctors gifts of any kind, regardless of monetary value. Other parts of the law make it mandatory that health insurance providers document annual cost increases and make them available to the general public and to require the healthcare industry to use computerized medical records.
Before taking effect, the bill must pass approval in the Massachusetts House of Representatives and meet the approval of Governor Deval Patrick.
As initially written, the bill would make it a criminal act to present gifts to doctors but that part of the bill has been omitted at this time. Senator Mark Montigny (D-New Bedford), principal author of the bill, feels it’s the illicit marketing by pharmaceutical and medical device companies that has compromised the doctor-patient relationship and that junkets for doctors and other forms of “schmoozing” cost the American public billions of dollars every year.
The healthcare reform laws in Minnesota and Vermont put limits on the monetary value of such gifts and excursions but the Massachusetts law proposes to ban them all, regardless of monetary value.
The Massachusetts law will require state-issued licenses for anyone selling pharmaceuticals and medical devices within the state’s jurisdiction, with fines as high as $5,000 for each violation of the gift ban. The gift ban has sparked harsh criticism from the medical and pharmaceuticals communities.
Responding via a letter to the Massachusetts lawmakers, the Massachusetts Biotechnology Council voiced the concern that a strict interpretation of the law could eliminate clinical trials conducted within the state. The letter also raises the concern that such a ban would severely limit physician studies mandated for continuing education purposes and would make it harder for patients to obtain new medicines.
Source: Boston Herald
- The Massachusetts government assumes that physicians would rather get a “Free lunch” than to provide the best care possible for their patients. Is this a “Slap in the face” of the doctors?
- Shouldn’t the state take steps to limit multi-million dollar frivolous lawsuits against physicians, first? Rising malpractice insurance premiums cost much more than a $0.25 pen or a $20 lunch.
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It is unfortunate that medicine - both individual physicians and organizations such as the AMA - have allowed gifting practices to become so out of control. Looking at orthopedic surgery, specifically, it is clear that the knee and hip implant manufacturers have tried very hard to “buy” surgeons with “honoraria”, “grants”, “research funds” and other misnomers for what certainly looks like bribery. It is interesting to consider the question, however, of what the difference is between a medical manufacturer sales rep, and a lobbyist to the state legislature.
The comment made is spot on. I don’t agree with gifts to people personally, but legislation is getting ridiculous. How much is the public paying due to lobbying (think of the tax breaks we end up paying for by requiring gas in our car !), buying anything significant in a shop (don’t think car manufacturers don’t spend on their dealers through incentives!)? This is just one piece of society.
What is worse is that many educational events are also under pressure, as CME crucially depends on sponsorship to remain affordable, and this is increasingly difficult to organize with the many rules that govern there.
I guess, it is just another reason NOT to practice medicine and just do law instead. No limitations on how much people can spend and gift lawyers, but then that is still to come once they no longer represent the majority in our government offices that create these laws ….?
Why is it unanimously politically correct to pick on physicians?
The ‘gift ban’ is far too severe- unless it applies to all of business. Ban the business dinner- this is what it will do to the medical industry, so why not extend it to all business? Notice that those that brought the bill forward wanted jail for up to 2 years for those accepting anything- food, coffee, pen- do you think politicians would subject themselves to the same laws??-politicians are doing their part in making MASS. very difficult to practice in-no surprise there is a shortage of people despite the great state we are. Note- the big med conferences will not want to come here as part of the whole thing is people can go to dinner and some of that is Pharma sponsored- shoot me now. They will go to other cities like Chicago who are more business friendly. MASS is screwing themselves. The days of ‘junkets’ are long over thanx to the Pharma Code- followed by Pharma which I agree with- if you want to find junkets look at the politicians. They could bring in the existing Pharma Code and make it law- a more sensible option. What is going on now is crazy,
Anon
While I don’t believe that doctors (including me) should accept gifts from the industry, it’s a slippery slope that we go down if the government gets involved. Fine then. I think if the politicians want to ban gifts, they should set an example and start with themselves.
[...] A unanimous vote, 36-0, in the Massachusetts Senate passes legislation pertaining to healthcare reforms within the state. The bill is the first of its kind in the nation although Minnesota and Vermont both have similar laws but without the full scope of the Massachusetts act. [...]
So it’s safe to assume that all 36 of those Senators have NEVER been taken out to lunch, and NEVER received a gift of any kind form a lobbyist that wanted something done in their favor. If your looking for the biggest bunch of hippocrites look on Beacon Hill. Are they really stupid enough to believe that if a drug rep drops off a pen, or leave some post-it notes with their drug on it that doctors are stupid enough to use their product if there is something better out there?
The vast majority of doctors will, and always have done the best for their patients. We face them everyday and it absurd to think that I will influence my medical discisions just because someone buys me a $20.00 lunch or gives me $0.20 worth of office supplies.
Now, can I the state please let me get back to taking care of my patients the way I was trained.
Our elected officials should focus on whats really driving health care costs. Instead, all they do is reduce our reimbursements and take away our free pens and post it notes. This is going to save health care in this county? All politicians are morons and idiots.
I have been a pharma rep for over a decade. When I started, there was excessive gis for physicians - trips, gifts, lavish dinners and trips. A number of years ago, the pharmaceutical industry came together and devised the “pharma code.” This is a strict list of rules regarding gifts. This code was voluntary. Most companies did sign the code, and the rules are strictly adhered to. A few companies didnt sign the code. They are still offering golf outings and the lavish gifts. I work for a company that follows the code.
The insurance companies in Mass regulate the prescribing habits of physicians so much that doctors are not allowed to treat patients the way they should. We need to look into insurance companies and their practices. Some insurers demand that physicians write a minimum % or generic meds. Some times this can be as high as 65-70%. The doctors receive report cards from the insurance companies. If they dont stick to these guidelines, they receive poor marks and can be ranked as a poor doctor. Also, many insurers will send a “bonus” check to any physician that stays within the writing parameters. Whats more influencial, a 10 cent pen or a check for thousands of dollars?
Most doctors will not give any time to reps. they expect a free lunch for their office, and can be booked daily up to a year in advance. Even with this, many MDs will only speak to you for a couple minutes. If time was given to reps to present valuable information, gifts wouldnt be necessary.
Just remember, if it wasnt for pharmaceutical companies, physicians would still be using leeches and blood-letting. If reps werent allowed to speak to MDs, they wouldnt know about advancements.
in summary, politicians should look into insurance companies and not the ones doing the research.
Thanks for nothing. Another piece of feel-good legislation that does nothing to address the critical shortage of doctors looming on the horizon. So what now - you’re going to make them criminals for taking a pen light or a mouse pad from a pharmacy rep? A drug company takes a half hour pitching a new product and buys you a $50 lunch - ahem - a half hour with a doctor is worth a LOT MORE THAN $50 stinking bucks. And those pitches bring doctors information that is going to help their patients. Legislative wonks - spend some of your six or eight weeks of vacation time and make rounds with a doctor for a couple days? Have a sit-down with his billing clerk and listen to how they’re collecting maybe 60 cents on the dollar if it’s a really good week. Because this is just the kind of stuff that is going to drive more doctors out of the state and keep new ones from wanting to move in.
[...] from pharmaceutical companies. Massachusetts, Minnesota, and Vermont all have bills addressing this issue in diverse manners. Massachusetts calls for a complete ban on gifts, while Vermont and Minnesota [...]
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