Understanding the Sunshine Act—Part Two

April 10, 2012 · Leave a comment

Industry Insights from Kristen Smithwick

Last week proved to be another interesting week for the developing Sunshine Act. Senators Chuck Grassley (R-IA) and Herb Kohl (D-WI) sent a pivotal memo to Acting CMS Administrator Marilyn Tavenner. The senators urged the agency to publish a final rule no later than June 2012 and to respond to several questions related to implementation.

Senators Grassley and Kohl want the agency to begin gathering transparency data this year, and they’re not willing to give CMS any wiggle room for delays. To meet the senators’ timeline, CMS will need to address comments and recommendations from numerous interested parties, especially the Pharmaceutical Research and Manufacturers of America (PhRMA), the Advanced Medical Technology Association (AdvaMed), and the Biotechnology Industry Organization (BIO). We covered a number of areas questioned in Part 1 of this blog. In this post, we’ll mention just a few additional areas of concern.

Definition of Applicable Manufacturer and Separate vs. Consolidated Reporting – Questions and concerns abound when it comes to defining applicable manufacturers, especially as the definition impacts requirements for separate vs. consolidated reporting for entities with common ownership. The challenge for CMS will be to ensure the definitions of applicable manufacturers and common ownership are broad enough to meet the public’s demand for transparency, while being specific enough to protect the ... read more »

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Understanding the Sunshine Act—Part One

March 27, 2012 · Leave a comment

Industry Insights from Kristen Smithwick

Albeit a bit late, the U. S.  Centers for Medicare and Medicaid Services (CMS) issued a proposed rule on the Patient Protection & Affordable Care Act’s Physician Payments Sunshine Provision (also known as the “Sunshine Act”) to implement it as law.

CMS invited comments on the proposed rule through mid-February 2012, and a recent webcast, sponsored by PharmaLive’s Pharmalot, featured key facts and summaries of comments on the proposed rule. Working for a provider of research and consulting to the biopharmaceutical, medical device, and diagnostics industries on relationships with physicians and other health care providers, I enjoyed the opportunity to join the webcast, led by experts from Buchanan Ingersoll & Rooney, P.C., and am eager to share some of my key takeaways.

As mentioned in previous Thought Leader Select Blog posts, the Sunshine Act, as with many laws and regulations, is full of unintended consequences – some positive and some negative. Lance K. Stell, medical ethics teacher at Davidson College and Carolinas Medical Center, reports in his USA Today op-ed piece that the “Sunshine Act will cost far more than the $224 million estimated for just the first year of compliance” and that “the biggest cost will be the valuable, socially useful physician-industry collaborations that simply won’t occur.” Of course, the idea of ... read more »

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The Sunshine Act–How Bad Can It Get?

December 6, 2011 · Leave a comment

Industry Insights from Paul Meade, M. Sc, MPH

For every transaction over ten dollars paid to a physician by a pharmaceutical manufacturer, the Physician Payments Sunshine Provision demands disclosure to a database that will be made public in 2013.

Notwithstanding the absurdity of collecting such an enormous amount of information, someone will undoubtedly spend a lot of time sifting through this data to create lists of “worst offenders.” These lists will be publically promulgated with the sole purpose of bestowing shame on these so-called “offenders.”

Of course, these lists may be perceived as tantamount to publishing a list of child molesters moving into a new neighborhood, or those people charged with driving under the influence of alcohol over the weekend listed in the Monday newspaper. Some of the most brilliant and renowned physicians in this country will be brought to shame for consulting with some manufacturers.

So, how bad can it get? Well, let’s imagine the following scenario, which I refer to as Grinding to a Halt. Leaders in the medical community who are respected for their research and experience may become so concerned about being publically exposed for consulting with various manufacturers that they may decide to cease all interactions going forward.

There will be no more advising pharmaceutical companies about the unmet medical needs for new molecules discovered in their research laboratories. There ... read more »

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The Sunshine Act: The Good, the Bad, and the Ugly

October 14, 2011 · Leave a comment

Industry Insights from Paul Meade, M. Sc, MPH

The Sunshine Act is on the horizon, and all we know for certain is that things will be different. Will the changes be good, bad, or ugly for healthcare and the biopharmaceutical industry? Well, a bit of all three. But it is a bit like the Y2K scare, or the coming of the end of the world in December 2012 predicted by the Mayans—people in healthcare and biopharma are on alert, and no one really knows for certain how this will all play out.

Let’s start with the good, since there will be greater transparency in the interactions between manufacturers and physicians. The intended outcomes will be greater standards of remuneration for services rendered by healthcare professionals to various manufacturers, some defined threshold limit of activities (type and quantity) deemed permissible by institutions for their affiliated physicians, and a greater sense of awareness of the interactions between healthcare professionals and manufacturers, presumably by a concerned public.

With regard to the first outcome, it is hoped that some kind of industry standard for Fair Market Value will be established for the activities physicians are often engaged in when dealing with manufacturers. It will likely serve to “level the playing field,” so some manufacturers will not pay excessively for a given activity, such as consultative services. As ... read more »

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The Sunshine Act: Who Pays for It Anyway?

April 27, 2011 · Leave a comment

Industry Insights from Paul Meade, M.Sc., MPH

By now, just about everyone involved in healthcare has heard about the Sunshine Provision (also known as the Sunshine Act). Starting January 1, 2012, any U.S. drug or device manufacturer that provides compensation to a physician or medical institution for any kind of services rendered will have to report it to the government.
The reporting benchmark is any amount over $10 for any single event. This means that if a sales representative for a pharmaceutical company buys a sandwich for a physician’s lunch and it costs $9.95, it doesn’t have to be reported, but if the physician adds a bottle of water to the sandwich, bringing the total to $11.95, it will need to be reported. Is it really to report sandwiches? Of course not, but it will! It’s really for some of the “big ticket” items, like compensation for conducting clinical studies, consulting on the development of new products, speaking at small meetings to colleagues that are sponsored by a company, etc.
So who pays for collecting, capturing, analyzing, and reporting all this information, and what will all of this monitoring activity cost? Let’s start by determining the number of active physicians in the United States. Well, there’s a problem right off the bat! According to the World Health Organization (WHO), there are ... read more »

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How Will Healthcare Reform Impact Your Next Investigator or Advisory Board Meeting?

February 28, 2011 · Leave a comment

Regulatory Guidance from Aprel Buonpane

The main components of the new US healthcare reform legislation will continue to be subjects for debate in the coming months and years, but tucked in among all of the changes for Medicare beneficiaries, coverage for pre-existing conditions, and the effects on small business owners lies a provision that most laypeople would not even notice. This provision, however, has the attention of US drug and device manufacturers and cannot be ignored.

The Physician Payment Sunshine Provision, also known as the Sunshine Act, requires that these companies publicly report gifts and payments made to physicians and other entities such as teaching hospitals. The intention of the provision is to address the public’s perception that biopharmaceutical companies use payments to influence a physician’s prescription-writing habits and to improve transparency as to what actually does exchange hands, in the form of services and remuneration for those services, and why. Drug and device manufacturers must begin capturing this data in January 2012 and must make their first report on these activities to the Department of Health and Human Services by March 2013. This provision has far-reaching implications for how the medical meetings and event industry will conduct its business in service of the healthcare community for years to come.

The new law requires that every dollar spent on physicians and health care ... read more »

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The Sunshine Act and Working with Thought Leaders

February 22, 2011 · Leave a comment

Industry Insights from Paul Meade, M.Sc. MPH

With the Sunshine Act getting closer to implementation, every company that works with thought leaders is preparing for full disclosure and transparency in the way they work and compensate these physicians and other medical experts. So the big question at hand is this–just how many thought leaders should a healthcare manufacturer work with going forward? Some say just a few and others say many. What’s the right answer here?

If we take the argument that working with just a select few is better, one could surmise that it is best to cement a working relationship with a few key thought leaders rather than get to know a “cast of hundreds.” This way, companies may gain a better understanding of the respective key opinion leaders’ interests, preferences, beliefs, and skills. Companies can more effectively create a set of activities that most appropriately matches the skills and experiences of each physician and work with the strengths of each physician to bring new insights into new medical treatment options.

But the one factor working against the “less is more” option is the fact that many academic medical institutions are placing limits on how much remuneration a thought leader can accept from the industry in a given year. Whereas, not too long ago, managed care organizations were placing providers ... read more »

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The Future of Thought Leaders in Healthcare

December 10, 2010 · Leave a comment

Industry Insights from Paul Meade, M.Sc, MPH

For decades, the pharmaceutical industry has had a good working relationship with the medical profession. Of course, pharmaceutical companies have always been dependent on physicians writing prescriptions for their products, and for pharmacists filling these prescriptions, so ultimately the patients could return to health. This has been a true symbiotic relationship where pharmaceutical companies needed doctors to prescribe their drugs, and physicians had effective medicines to offer their patients.

Occasionally, there were a few bad apples on both sides of the equation that overstepped the boundaries of this relationship, but for the most part, it worked well. So what happened? Why the Sunshine Act? And why the apparent “witch-hunt” to expose every Thought Leader that engages with someone from a pharmaceutical company? Is it time for a course correction? Don’t we have bigger problems to deal with in the financial and economic arenas than to worry about how much money a Thought Leader made from conducting clinical studies or speaking at a conference on behalf of a pharmaceutical company?

Where did it all go wrong? How do we fix it? And what does the future hold for this pharma-medical relationship? Healthcare costs have been steadily rising in most countries across the globe. And while there have been increases in these costs, almost no other country has ... read more »

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Reflections on SMi Knowledge Leader Conference

November 4, 2010 · Leave a comment

Neil Mellor, business development consultant at Thought Leader Select, and Paul Meade, the company’s president and founder, attended SMi’s KOL: Knowledge Leader Partnerships conference on September 29 and 30 in London.  Neil sat down with the Thought Leader Select Blog to discuss his takeaways from the conference.

TLS Blog:  Neil, how was the conference in London?

Neil Mellor:  I found it quite interesting, and so did Paul—since we’ve grown the company over the last five years to include multiple European and global thought leader assessments, we thought it made sense to get a real sense of the industry’s thinking about what we do on the European continent.

TLS Blog:  What were some of the main points of discussion?

Neil Mellor:  Right now, there’s a pretty hot debate going on about the roles that health care professionals play in the development and launch of new medicines.  This conference even included a robust discussion on what to call them—it seems the European marketplace is evolving away from the term “key opinion leader,” with companies choosing instead to rely on what they call “external experts,” “opinion leaders,” or “thought leaders.”  It made us feel even better about the name of our company, that’s for sure!

TLS Blog:  Would you say that there’s a migration going on in the perception of the HCPs ... read more »

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Debunking Subjective Methods of Key Opinion Leader Identification

September 1, 2010 · Leave a comment

Recent conferences and literature on effective key opinion leader engagement show that identifying and engaging thought leaders is only getting tougher. Federal and state regulations of payments made to KOLs by pharmaceutical companies (Sunshine Act) and institutional restrictions of industry-related KOL activities reinforce the importance of identifying and engaging KOLs through objective means.

Older, subjective measures for selecting KOLs, such as prescribing habits or level of influence with other physicians, leave biopharmaceutical companies open to continued scrutiny and the possibility for legal action. These methods, like social network analysis (SNA), often lack the detail that industry decision-makers need to select the right KOLs for various types of engagement. Furthermore, it is also true that some objective means of identifying and selecting KOLs have their own limitations. Tracking conference involvement and publications alone is not enough to ensure you have found the top thought leaders in a given medical specialty.

Thought Leader Select has developed a methodology that uniquely provides biopharmaceutical decision-makers with the comfort that they’re identifying and selecting KOLs for the “right reasons”. Our “deep profiling” methodology tracks KOL activities across more than a dozen different areas and provides detailed participation data in a searchable framework that enables clients to select thought leaders in more sophisticated ways. Combining “deep profiling” with Thought Leader Select’s Professional Impact Network (PIN) enables decision makers ... read more »

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