An Educational SessionAn Educational Sessionon HSC OP 10.27,on HSC OP 10.27,

Health Care Vendor Health Care Vendor InteractionsInteractions

April 20, 2009

LAWMAKERS & LAWMAKERS & ASSOCIATIONSASSOCIATIONS

Senate Activities on Capital HillSenate Activities on Capital Hill Investigations of Industry Financing – S. GrassleyInvestigations of Industry Financing – S. Grassley Proposed Senate Bill: Physician Payments Proposed Senate Bill: Physician Payments

Sunshine ActSunshine Act Texas ActivityTexas Activity

SB 296 – Industry Disclosure RequirementSB 296 – Industry Disclosure Requirement Association ActivityAssociation Activity

2008 AAMC Report: Industry Funding of Medical 2008 AAMC Report: Industry Funding of Medical EducationEducation

Recommends strict limits on industry supportRecommends strict limits on industry support AdvaMed Revised Code of EthicsAdvaMed Revised Code of Ethics PhRMA Revised Code, effective 1/09PhRMA Revised Code, effective 1/09

HSC OP 10.27 - BASISHSC OP 10.27 - BASIS

Federal Anti-KickbackFederal Anti-Kickback Federal Stark LawsFederal Stark Laws Texas Government Code, Section Texas Government Code, Section

572, Subchapter A, Section 572.001572, Subchapter A, Section 572.001 TTUS Regents Rule 03.01TTUS Regents Rule 03.01

Ethics PolicyEthics Policy June 2008 AAMC Report on Industry June 2008 AAMC Report on Industry

Funding of Medical Education.Funding of Medical Education.

GENERAL OUTLINEGENERAL OUTLINE Provides Guidance on Allowable InteractionsProvides Guidance on Allowable Interactions

Faculty and StaffFaculty and Staff Health Care Vendors; Pharma, DME, Other Health Care Vendors; Pharma, DME, Other

Health Care Providers (SNF, Hospice, Home Health Care Providers (SNF, Hospice, Home Health)Health)

Does Not ImpactDoes Not Impact Continuing Education CriteriaContinuing Education Criteria Research Conflict of Interest RequirementsResearch Conflict of Interest Requirements Non-Health Care Vendors – Those only on-site to Non-Health Care Vendors – Those only on-site to

assist in or coordinate patient careassist in or coordinate patient care

GIFTS & CONFERENCESGIFTS & CONFERENCES

Compensation and GiftsCompensation and Gifts Bans all promotional items/gifts other than Bans all promotional items/gifts other than

patient educational items approved by patient educational items approved by Chair/DeanChair/Dean

Bans all other gifts and payments not Bans all other gifts and payments not otherwise allowedotherwise allowed

Travel, Lodging, Meals and ConferencesTravel, Lodging, Meals and Conferences Limited to REASONABLE honoraria and Limited to REASONABLE honoraria and

travel expense reimbursement for those travel expense reimbursement for those ACTIVELY presenting.ACTIVELY presenting.

HEALTH CARE VENDORSHEALTH CARE VENDORS

Vendor Identification:Vendor Identification: Registration, Sign-in and ID badge Registration, Sign-in and ID badge

requiredrequired AppointmentAppointment

Requires appointments for health care Requires appointments for health care vendors visiting TTUHSC facilitiesvendors visiting TTUHSC facilities

Acknowledgment of TTUHSC related Acknowledgment of TTUHSC related PoliciesPolicies HSC OP 10.27HSC OP 10.27 HIPAA Privacy rulesHIPAA Privacy rules

MEALSMEALS

MealsMeals Accredited Continuing Education ActivitiesAccredited Continuing Education Activities Non-accredited – Approved by faculty designeeNon-accredited – Approved by faculty designee

Drug, Equipment & Medical Device Drug, Equipment & Medical Device SamplesSamples For patient use only; secured and trackedFor patient use only; secured and tracked

Funding of Continuing Education only to Funding of Continuing Education only to through the Continuing Education Officethrough the Continuing Education Office

Consulting HonorariaConsulting Honoraria

OTHER AREASOTHER AREAS

Gifts for ScholarshipsGifts for Scholarships Not given directly to the Not given directly to the

student/residentstudent/resident Dean/Department selects recipientDean/Department selects recipient

GhostwritingGhostwriting ProhibitedProhibited

Does Not Address Speakers’ BureausDoes Not Address Speakers’ Bureaus Under future considerationUnder future consideration

WE ARE NOT ALONE!WE ARE NOT ALONE! Stanford University – June 2006Stanford University – June 2006 Yale – May 2005Yale – May 2005 Henry Ford Health Systems – 2005/2006Henry Ford Health Systems – 2005/2006 University of Pennsylvania – July 2006University of Pennsylvania – July 2006 University of Michigan Hospital and Health University of Michigan Hospital and Health

System – January 2008System – January 2008 UTMBUTMB John Hopkins – December 2008John Hopkins – December 2008

Banning Faculty Involvement in speakers’ Banning Faculty Involvement in speakers’ bureaubureau

HOPKINS “INDUSTRY HOPKINS “INDUSTRY CLEANING”CLEANING”