The provision of any item or service for a fair market value charge is not prohibited.

Under the code of conduct required under the Mass. Law, what types of interactions with health care practitioners are permitted that are relevant to professional association events held at convention centers, meeting facilities, restaurants and other venues? 
All usual and customary CME, third-party professional and scientific meetings held in convention centers, hotels or other special event venues are permitted under the Mass. Law regardless of whether they take place inside or outside Massachusetts.

What about meals and other food items? What can companies do to fund meals?
If meals are to be funded or provided directly by PMDMCs to Massachusetts physicians and other prescribers only modest meals can be provided at training or educational events or at a medical office or hospital setting. If PMDMCs underwrite the costs of a CME or non-CME meeting or conference and grant discretion to the event planner to plan and program the event, the event planner may use donated company funds toward the provision of meals and refreshments and provide the same for free to Massachusetts Physicians. This part of the Mass. Law applies regardless of whether the event is held inside or outside of Massachusetts.

Can PMDMCs fund scholarship programs to allow medical students, residents and interns to attend meetings and conferences?
Under the Mass. Law, such direct funding is not permitted for Massachusetts physicians. However, an event planner or medical society may use unrestricted funds contributed by a PMDMCs for a meeting or conference toward the cost of a scholarship program as long as it is run independently by a medical society or academic medical center without any company attribution or influence.   

What annual financial disclosures are required under the Mass. Law?
A PMDMCs that markets to Massachusetts physicians must disclose each year to the Mass. DPH “the value, nature, purpose and particular recipient of any fee, payment, subsidy or other economic benefit with a value of at least $50 to any health care practitioners who prescribe as well as hospitals, nursing homes, pharmacists and health benefit plan administrators made in connection with the company’s sales and marketing activities. The reporting is triggered regardless of whether the interaction/financial relationship takes place inside or outside of Massachusetts. 

Does the Mass. Law require a professional society to have a different badge system for Massachusetts physicians?
No.  Use of such a badge system , or posting signs in certain locations citing the prohibitions imposed under Massachusetts and other “gift ban” state laws, is entirely voluntary. 

What kind of activities can a Massachusetts Physician participate in during a conference or trade show in Massachusetts and in other states?
They can participate in all activities, but at company satellite events they cannot be provided with meals or entertainment.  However, Mass. Physicians can be provided with free food and entertainment at meeting events if organized through and provided by a professional society, even if underwritten by PMDMCs.  

Can PMDMCs host non-CME educational programs for Massachusetts physicians and other licensed prescribers who are allied professionals?
Yes. Massachusetts professionals are permitted to attend non-CME educational programs, as long as no free meals or entertainment is provided directly to them by a PMDMC.

Does the Mass. Law specifically prohibit single sponsorship of an item or activity?
No, as long as the funding is provided to the society and the society maintains responsibility and control of content, faculty and venue; the event is primarily dedicated to science and education; and, the society adheres to the ACCME Commercial Sponsorship Standards. To the extent the activity is CME and the grant is made from a PMDMC, the grant must be made from an educational division separate from the granting company’s sales and marketing division. The Mass. Law does prohibit grants provided in exchange for prescribing or using a certain drug or device. 

Do PMDMCs have to disclose all exhibit, advertising and sponsorship dollars spent on trade shows and professional meetings or just events taking place in Massachusetts?
Neither is required by the Mass Law. While the Mass. Law applies equally to events and transactions occurring both inside and outside of Massachusetts, the reporting requirements do not cover grants and other fees paid to professional societies.

Does the Mass. Law regulate CME events?
Yes. The Mass. Law requires CME events to meet ACCME, or other accrediting organization, standards for commercial support. These generally prohibit the sponsoring company from influencing or controlling the selection of speakers and content for the CME program.

How will the Federal “Sunshine Act” reporting requirements effect the Mass. Law?
Under Federal health reform (Section 6002 of the Patient Protection and Affordable Care Act of 2009), Starting with calendar year 2012, and annually thereafter, payments or transfers of values worth over $10 made by PMDMCs and biotechnology manufacturers operating in the U.S. to physicians or teaching hospitals must be tracked and will become reportable to the United States Department of Health and Human Services (“HHS”). The reported information, which will identify the recipient, amount, and nature of each payment, will become part of an online searchable and downloadable HHS public database, which is to “go live” on September 30, 2013. While this Federal reporting system will not serve to preempt state laws regulating physician interactions – like the mandatory code of conduct for PMDMC under the Mass. Law  – it preempts and replaces any state reporting system mandates – like the one under Mass. Law  - to the extent that the state reporting system overlaps with the Federal reporting requirements. Thus, starting in 2012 the Federal “Sunshine” law will for the most part preempt the reporting of sales and marketing activity interactions with Massachusetts physicians or teaching hospitals under the Mass. Law.

ALERT – On April 26, 2011 the Massachusetts House of Representatives, by a vote of 128-22, added a provision to the 2012 House state budget proposal that would totally repeal the Mass. Law. Supporters argue that it has not helped to control health care costs as expected, and has hurt convention centers and restaurants. The repeal provision is before the Massachusetts Senate as part of the Fiscal Year 2012 state budget, which is supposed to go into effect on July 1, 2012. The entire Mass. Law could be repealed if the Senate votes in favor of keeping the repeal provision in the state budget and the Governor does not veto it.