Guest guest Posted December 17, 2008 Report Share Posted December 17, 2008 Hi everyone, Just did a search on this. There is no information on a Federal law regarding this that comes up on an internet search. Two things did come up: 1) Massachusetts is enacting a law effective 1/1/09 that does limit gift giving to educational items but this law specifically applies to pharmaceutical companies. 2) PHARMA, the pharmaceutical trade organization is enacting VOLUNTARY rules regarding marketing materials, also taking effect Jan 2009 which are less restrictive than Massachusett law. Though not on the search, the AMA has proposed or passed similar rules regarding physician acceptance of gifts. I would speculate that anyone having difficulty with physician offices as described is because that office is being overly cautious and misreading any of the rules and statutes out there. To those new to the list, there have been many discussions on marketing your practice to referral sources and most of those discussion have advised away from staff lunches and small " gifts' to offices in favor of other more successful methods like inservices and newsletters. For those offices that refuse to schedule a lunch, other methods must be used but the good news is that those other methods work. Tom Howell, P.T., M.P.T. thowell@...> Jane > > We are seeing a large number of local institutions " choose " to have a > no solicitation policy in their hospital or clinic but I am not aware > of a " law " prohibiting such a thing. The antikickback laws may come > into play if the gift is of adequate value but should not affect an > item as low in value as a pen etc. > > As always, we should look to the evidence for any statement like > this. When you say you have " been informed " , by whom and with what > authority to make such a statement? > > Thanks > > > > >> >> We have been informed that as of January 1, 2009 drug reps will no > longer be able to distribute marketing items such as pens, pads, etc. > that have their name on them. Does anyone know if this law applies to > physical therapy marketing? >> >> Lane Blondheim >> Active Health and Rehab >> Montgomery, AL >> >> >> >> >> Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 17, 2008 Report Share Posted December 17, 2008 It's human nature to look favorably upon a person who gives you a gift--whether it be from a neighbor at Christmas time or a vendor in advance of a lunchtime presentation. Increasingly, I am seeing facilities move toward equal vendor access with purchases awarded on the pure merit of the product or service. This attempts to level the playing field, and I agree -- particuarly when considering govt or non-profit agencies. My other issue is that by accepting trinkets, we can give the appearance of preferential or even exclusive relationships among agencies. If we accept the " 's Prosthetics " stamped goniometer and roll tape measure, we are conveying a favored relationship each time we do a joint or girth measurement in plain view of the public. While this may seem petty, imagine being the vendor who gets locked out because their lunches aren't robust enough. Ultimately, gifts of any sort weaken objectivity and may even cost the host employer much more money. Case in point, we had a secretary who over-ordered from Sammons because of the hottie sales rep who smelled good and brought in Panera's for lunch--until I squashed that relationship. I hope that vendors will find relief in being set free from the pay to play (sorry, I know this lingo is now used to refer to Chicago...) scenario. Instead, market via providing amazing customer service, amazing service to the referring provider, etc., to beat back the competition. This will have more lasting benefits than a cheap note pad. Submitted with respect and signed, Scrooge Petrazzi, MPT Veterans Affairs Pittsburgh Healthcare System > > Subject: Re: Marketing > To: PTManager > Date: Wednesday, December 17, 2008, 11:12 PM > On this drug rep note, I am wondering what may be changing: > I just > walked into a large orthopedic practice in the Atlanta area > this > afternoon while marketing our PT services. I had a Happy > Holidays > card, a Holiday photo of our practice personnel, new > referral pads > with our info/maps on them, and a small box of chocolates > for the > staff. Three staff members readily spoke up that the group > has a new > policy and can no longer accept any gifts, regardless of > the value. we > chatted a bit about our locations and services, but could > not take the > chocolates. When I inquired further, they also told me that > they > stopped scheduling any lunches/breakfasts for any > " vendors " of any > kind. They cited corporate compliance. I have been aware > for years > about accepting gifts personally that have substantial > value, say $50 > or more, but this particular policy is new and bold to me. > On one > hand, this may be welcomed as it spreads throughout the > country...........Are others finding similar experiences, > and does > this relate to the drug rep question posed by Lane? If > someone is > familiar, can you please cite the reference - probably OIG? > > Don Walsh, PT, MS, OCS > Northeast Georgia Medical Center > > > > > > > > > We have been informed that as of January 1, 2009 > drug reps will no > > longer be able to distribute marketing items such as > pens, pads, etc. > > that have their name on them. Does anyone know if > this law applies > > to physical therapy marketing? > > > > > > Lane Blondheim > > > Active Health and Rehab > > > Montgomery, AL > > > > > > > > > > > > > > > [Non-text portions of this message have been > removed] > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 18, 2008 Report Share Posted December 18, 2008 I believe that anything, if taken too far, can actually do more damage than it prevents. If the motivation here is to be ethical (and non-biased) in how services are dispensed, the physician will need to be aware of what services are offered and where they can be found. Ethical marketing needs to be balanced with accessibility to care and services. If a physician is not aware of where they can refer a patient, the scope of services offered, and the expected outcome, that is a barrier to care. I believe that this needs to be considered by the Office of the Inspector General (OIG). -Curtis ________________________________ From: PTManager [mailto:PTManager ] On Behalf Of dwcycle Sent: Wednesday, December 17, 2008 5:13 PM To: PTManager Subject: Re: Marketing On this drug rep note, I am wondering what may be changing: I just walked into a large orthopedic practice in the Atlanta area this afternoon while marketing our PT services. I had a Happy Holidays card, a Holiday photo of our practice personnel, new referral pads with our info/maps on them, and a small box of chocolates for the staff. Three staff members readily spoke up that the group has a new policy and can no longer accept any gifts, regardless of the value. we chatted a bit about our locations and services, but could not take the chocolates. When I inquired further, they also told me that they stopped scheduling any lunches/breakfasts for any " vendors " of any kind. They cited corporate compliance. I have been aware for years about accepting gifts personally that have substantial value, say $50 or more, but this particular policy is new and bold to me. On one hand, this may be welcomed as it spreads throughout the country...........Are others finding similar experiences, and does this relate to the drug rep question posed by Lane? If someone is familiar, can you please cite the reference - probably OIG? Don Walsh, PT, MS, OCS Northeast Georgia Medical Center > > > > We have been informed that as of January 1, 2009 drug reps will no > longer be able to distribute marketing items such as pens, pads, etc. > that have their name on them. Does anyone know if this law applies > to physical therapy marketing? > > > > Lane Blondheim > > Active Health and Rehab > > Montgomery, AL > > > > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 18, 2008 Report Share Posted December 18, 2008 The source of these so-called " rules " (or " laws " ) about gifts to referral sources is the Pharmaceutical Research and Manufacturers of America (PhRMA). This is a voluntary organization of drug manufacturers that felt it necessary to officially and publicly recommend, in part, that physicians not accept gifts from drug reps. This was undoubtedly in response to a growing suspicion among consumers (accompanied by a significant amount of bad press) that prescription patterns are being influenced by such gifts. This was, for the drug companies, a public relations dilemma, and the recommendations were an attempt to manage those negative public perceptions. The suggestions had a probably unintended far-reach, in that they suddenly made the acceptance of gifts by any medical provider from any source, a very visible ethics barometer. Consequently many institutions and practitioners felt that if they did not follow along, they will be perceived as less than ethical. In short order came corporate and personal policies restricting acceptance of gifts. (Of course, clever salesmen immediately discovered that offering an " educational " rather than a sales session would sometimes get them around certain of those policies.) Dave Milano, PT, Director of Rehab Services Laurel Health System Re: Marketing Jane We are seeing a large number of local institutions " choose " to have a no solicitation policy in their hospital or clinic but I am not aware of a " law " prohibiting such a thing. The antikickback laws may come into play if the gift is of adequate value but should not affect an item as low in value as a pen etc. As always, we should look to the evidence for any statement like this. When you say you have " been informed " , by whom and with what authority to make such a statement? Thanks > > We have been informed that as of January 1, 2009 drug reps will no longer be able to distribute marketing items such as pens, pads, etc. that have their name on them. Does anyone know if this law applies to physical therapy marketing? > > Lane Blondheim > Active Health and Rehab > Montgomery, AL > > > > > Quote Link to comment Share on other sites More sharing options...
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