Will Disclosure Quiet the Industry’s Critics?

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Will Disclosure Quiet the Industry’s Critics? Peter Lurie, MD, MPH Deputy Director Health Research Group at Public Citizen Presented before The National Disclosure Summit Washington, DC March 5, 2009

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Will Disclosure Quiet the Industry’s Critics?. Peter Lurie, MD, MPH Deputy Director Health Research Group at Public Citizen Presented before The National Disclosure Summit Washington, DC March 5, 2009. Why a Doctor Gifts Registry?. Transparency/accountability to patients. - PowerPoint PPT Presentation

Transcript of Will Disclosure Quiet the Industry’s Critics?

Page 1: Will Disclosure Quiet the Industry’s Critics?

Will Disclosure Quiet the Industry’s Critics?

Peter Lurie, MD, MPHDeputy Director

Health Research Group at Public Citizen

Presented before The National Disclosure SummitWashington, DCMarch 5, 2009

Page 2: Will Disclosure Quiet the Industry’s Critics?

Why a Doctor Gifts Registry?

• Transparency/accountability to patients

Page 3: Will Disclosure Quiet the Industry’s Critics?

Statement by American College of Physicians

“What would my patients think about this arrangement? What would the public think? How would I feel if the relationship was disclosed through the media?”

Source: Ann Intern Med 2002;136:396-402

Page 4: Will Disclosure Quiet the Industry’s Critics?

Why a Doctor Gifts Registry?

• Transparency/accountability to patients

• Restore trust in medical profession

• Facilitates kickback investigations

• Transparency/accountability to providers

• Transparency/accountability to payors

• Promotes research (esp. if names provided)

• Facilitates journalistic investigations

Page 5: Will Disclosure Quiet the Industry’s Critics?

Uses by Journalists

• Investigative pieces by local journalists

• Comparisons by specialty

• Links to “thought leaders”

• Links to state disciplinary actions

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Public Disclosure of Pharmaceutical Company Gifts to Physicians, 2002-2004

Vermont MinnesotaThreshold $25 $100

Trade secret exemption?

Yes No

Electronic? Yes No

Reporting period 2 years 3 years

Median physician gift >$100 (maximum)

$250 ($20,000) $1000 ($922,239)

Total physician gifts $3.2 million $22.4 million

Sources: JAMA 2007;297:1216-23; JAMA 2008;300:1998-2000

Page 7: Will Disclosure Quiet the Industry’s Critics?

Purpose of Payments >$100 to Physicians in Vermont, 2002-4

By Payment

Education

Detailing

Speaker

Marketing

Consulting

Unspecified/Other

By Value

Page 8: Will Disclosure Quiet the Industry’s Critics?

Public Disclosure of Pharmaceutical Company Gifts to Physicians, 2002-2004

• High rates of underreporting– Companies report $millions one year, nothing the next

• Responses non-standardized– Aggregation by physician and by gift

• Exemptions– Samples– Research studies

• Limited accessibility– Lack of online submissions or reports– Need to file lawsuit in Vermont

• Lack of national standardization

Page 9: Will Disclosure Quiet the Industry’s Critics?

Problems with the Physician Payment Sunshine Act, 2009

• Exclusions– Samples– Research on unapproved products– Gifts totaling <$100 per year– Gifts to other professionals

• No payments to organizations– MECCs and PBMs– Patient groups– Hospitals and medical schools– Professional organizations

• No judicial review• Low penalties

– Intentional non-reporting: cap of $1 million/year

Page 10: Will Disclosure Quiet the Industry’s Critics?

Framework for AddressingConflict of Interest

Potential Conflict

Legal Restrictions Policy Restrictions Disclosure

Page 11: Will Disclosure Quiet the Industry’s Critics?

Research Payments to Physicians

Research Payments

Legal Restrictions Policy Restrictions Disclosure

Pool of Research FundsSome journals

Some presentationsNot DesirableNot Feasible

Page 12: Will Disclosure Quiet the Industry’s Critics?

Non-research Payments to Physicians

Non-research Payments

Legal Restrictions Policy Restrictions Disclosure

Institutional Restrictions State or Federal DatabasesLimited Political Feasibility

Boston UniversityUniversity of Michigan

University of PennsylvaniaYale University

Stanford University

Boston Medical CenterGeisinger Health System

Affinity Health SystemKaiser Permanente

HealthPartners

Page 13: Will Disclosure Quiet the Industry’s Critics?

Pharmaceutical Company Promotional Expenditures, U.S., 2004

Samples

Detailing

DTC

Meetings

Journal Ads

Unmonitored/Other

• Total expenditures– Promotion: $57.5 billion– Research: $31.5 billion

• As % of retail sales– Promotion: 24.4%– Research: 13.4%

• $61,000 on promotion per physician

Source: PLOS Medicine 2008;5:e1

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Q: Will Disclosure Quiet the Industry’s Critics?

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Q: Will Disclosure Quiet the Industry’s Critics?

A: No