Update on Federal and State Developments: Regulation of Financial Interactions between Health Care Providers and Pharmaceutical and Medical Device Companies

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Recent weeks have seen two significant developments with respect to federal and state laws regulating financial interactions between pharmaceutical and medical device companies and health care providers: (1) the Centers for Medicare and Medicaid Services (“CMS”) submitted a draft of the final regulations implementing the so-called Federal Sunshine Law (42 U.S.C. § 1320a-7h) for the government clearance process that is a mandatory prerequisite for promulgation; and (2) the Massachusetts Department of Public Health (“DPH”) approved final regulations (105 C.M.R. § 970.000) implementing statutory revisions to the Massachusetts Marketing Code of Conduct.

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