J Am Board Fam Med. 2013 May-Jun;26(3):327-31. doi: 10.3122/jabfm.2013.03.120264.
Physician payment disclosure under health care reform: will the sun shine?
Source
the Institute of Health Law Studies, California Western School of Law, San Diego; the Joint Doctoral Program on Global Health, University of California San Diego/San Diego State University, San Diego; the San Diego Center for Patient Safety and the Department of Anesthesiology, University of California San Diego School of Medicine, San Diego.
Abstract
Pharmaceutical marketing has become a mainstay in U.S. health care delivery and traditionally has been directed toward physicians. In an attempt to address potential undue influence of industry and conflicts of interest that arise, states and the recently upheld health care reform act have passed transparency, or "sunshine," laws requiring disclosure of industry payments to physicians. The Centers for Medicare & Medicaid Services recently announced the final rule for the Sunshine Provisions as part of the reform act. However, the future effectiveness of these provisions are questionable and may be limited given the changing landscape of pharmaceutical marketing away from physician detailing to other forms of promotion. To address this changing paradigm, more proactive policy solutions will be necessary to ensure adequate and ethical regulation of pharmaceutical promotion.
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