Sunshine Act Quiz #3

1.

True/False: If a pharma company hires a market research firm to do a blinded survey, which includes paying physicians $50, the pharma company doesn’t have to report the income.

A.

True
B.

False

Correct Answer
A. True

Explanation
For example, an applicable manufacturer may hire a market research firm to conduct a double-blinded market research study, which includes paying physicians $50 for responding to a set of questions. The applicable manufacturer clearly intends a portion of the payment to be provided to physicians, but given that the reason for the third party's involvement is specifically to maintain the anonymity of the respondents and sponsor, CMS does not intend this to be considered a reportable indirect payment or other transfer of value. - See more at: http://www.policymed.com/2013/02/physician-payment-sunshine-act-top-50-things-to-know.html#sthash.wSqeA1QB.dpuf

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2.

True/False: If a pharma company tells a third party agency to give money to the “top cardiologists” in a given city, they do not have to report the payments because they don’t know the identities of the physicians.

A.

True
B.

False

Correct Answer
B. False

Explanation
False - A manufacturer that directs a third party to make payments to the top billing cardiologists in a certain city or the chiefs of staff of a certain class of hospitals should be required to report these payments, even though they do not have actual knowledge of the identities of such individuals

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3.

Under the Sunshine Act, which data will have to be collected from the physicians? Check all that apply.

A.

Name
B.

Specialty
C.

Practice Size
D.

Address
E.

NPI Number
F.

Hair color
G.

State License Number

Correct Answer(s)
A. Name
B. Specialty
D. Address
E. NPI Number
G. State License Number

Explanation
The applicable manufacturer or GPO must include its name as well as the name of the covered recipient, specialty, business address, NPI number if available, and State professional license number. The data collected will also include the amount and date of the payment (or transfer of value); form and nature of the payment; name of the related drug, device or biological; and whether the payment is eligible for delayed publication (some research payments related to new products may be eligible for delayed reporting).

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4.

True/False: if a company provides a buffet to all members of a conference, they do not have to report the meal.

A.

True
B.

False

Correct Answer
A. True

Explanation
Manufacturers do not need to track or report buffet meals, snacks, soft drinks, or coffee made generally available to all participants at conferences or similar large-scale events. The preamble specifies, however, that the exception does not apply when the manufacturer provides the meal to select attendees.

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5.

True/False: if a pharma company gives a physician patient materials on a flashdrive, the patient materials are excluded from reporting but the flashdrive is not.

A.

True
B.

False

Correct Answer
B. False

Explanation
Both are excluded: CMS agreed that “such an item, which is given to physicians for the purpose of educating patients, falls within the exclusion. Similarly, if a manufacturer provides educational materials to a physician on a flash drive to be distributed to patients, the flash drive would also fall within the exclusion. CMS also stated that overhead expenses, such as printing and time, should be included in the exclusion as long as they are directly related to the development of the materials, which directly benefit patients or are intended for patient use. - See more at: http://www.policymed.com/2013/02/physician-payment-sunshine-act-top-50-things-to-know.html#sthash.kImDnJYv.dpuf

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