Legislation in the city of Philadelphia that would have cut off pharmaceutical marketing research with doctors was defeated in the city council yesterday.
Bill No. 180888, introduced and passed out of committee in fall 2018, would have prohibited many payments from "pharmaceutical manufacturers and their agents to health care practitioners." Absent a specific carveout or clarification, the ordinance would likely have banned incentives for health care practitioners participating in marketing research studies sponsored by pharmaceutical companies, even though such studies are generally conducted by independent research companies and the sponsoring manufacturers are not typically aware of which practitioners participated.
Howard Schlesinger (Schlesinger Associates), Roni DasGupta (M3 Global Research) and Ileen Branderbit (Focus Pointe Global) joined the Insights Association for a meeting with Councilman Allan Domb on February 1 to explain those concerns and the potential impact on Philadelphia-based marketing research and data analytics businesses. The meeting built upon communications with councilmembers in 2018, and furthered discussions with others on the City Council.
The Philadelphia City Council then voted 9 to 5 to defeat Bill No. 180888 on February 7.
"We understand and appreciate Philadelphia’s concerns about opioid abuse," commented Insights Association VP Advocacy Howard Fienberg, "but banning or restricting respondent incentives for health care practitioners -- payments that solely encourage participation in research by a highly important and difficult to reach community -- would not help curtail the opioid crisis."
The Insights Association, the leading nonprofit organization representing the marketing research and data analytics industry, has helped other jurisdictions over the years to protect the use of respondent incentives in pharmaceutical marketing research, including Massachusetts, the District of Columbia, Minnesota, the federal Physician Payments Sunshine Act, and most recently California and New Jersey.
Fienberg urged Philadelphia to find other avenues to combat the opioid crisis: "Marketing research provides benefits far beyond just the insights delivered to clients. The kinds of studies that the Philadelphia bill would have prevented can help control health care costs, prevent medical errors, ensure patients get needed treatment, improve acceptance and adoption of needed drugs, eliminate drug side effects, and improve public health."
About the Author
Based in Washington, DC, Howard is the Insights Association's lobbyist for the marketing research and data analytics industry, focusing primarily on consumer privacy and data security, the Telephone Consumer Protection Act (TCPA), tort reform, and the funding and integrity of the decennial Census and the American Community Survey (ACS).
Howard has more than two decades of public policy experience. Before the Insights Association, he worked in Congress as senior legislative staffer for then-Representatives Christopher Cox (CA-48) and Cliff Stearns (FL-06). He also served more than four years with a science policy think tank, working to improve the understanding of scientific and social research and methodology among journalists and policymakers.
Howard is also co-director of The Census Project, a 900+ member coalition in support of a fair and accurate Census and ACS.
He has also served previously on the Board of Directors for the National Institute for Lobbying and Ethics and and the Association of Government Relations Professionals.
Howard has an MA International Relations from the University of Essex in England and a BA Honors Political Studies from Trent University in Canada, and has obtained the Certified Association Executive (CAE), Professional Lobbying Certificate (PLC) and the Public Policy Certificate (PPC).
When not running advocacy for the Insights Association, Howard enjoys hockey, NFL football, sci-fi and horror movies, playing with his dog, and spending time with family and friends.