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Alyce C. Katayama quoted in article “4 Bizarre, Weird, and Totally True Promo Product Laws”

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Below is an excerpt:

Regardless of whether gifts to medical practitioners by pharmaceutical companies are banned in your area or not, a federal law called the “Sunshine Law” requires all gifts, among other things, to be reported to the Secretary of the United States Department of Health and Human Services unless they are, “payments under $10, unless the aggregate amount paid to a covered recipient exceeds $100 per year; product samples and educational materials for the benefit of patients; loan of a covered device for a trial period under 90 days; in-kind items provided for use in charity care; items or services provided under a warranty; discounts (including rebates); and expert witness fees.” This means that nearly every item must at least be recorded, even if it is not ultimately reported. Attorney Alyce Katayama, who specializes in the federal Sunshine Law among other things, explains the reporting process like this: “First, the transfer of any item valued at $10 or more to a physician must be tracked and is reportable. Second, even items of lesser value must be tracked, if given to identifiable recipients, so that the pharmaceutical company will know and be able to report when the aggregate annual threshold of $100 has been exceeded, for example by making 11 transfers of an item valued at $9.50 over the course of a year."

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