Articles

As temperatures rose, so did the threats and opportunities for the insights industry in advocacy during May, ranging from three new comprehensive state privacy laws, advancing regulation of artificial intelligence, compliance concerns with state sales taxes, jousting over the Census Household Panel, restrictions on high-end incentives for research subjects, state legislation to ban non-competes, and a new Maryland law restricting most telephone calls for research purposes.

Temperatures may be cooling as the calendar turns to autumn, but legislative issues are heating up as lawmakers get back to work following summer breaks. Here are some of the key issues we're engaged with at the national and state level on your behalf...

Pennsylvania Rep. Mike Zabel (D-PA-163) reintroduced the Pharmaceutical Manufacturing Prohibited Gifts Act (H.B. 593), adding an amendment recommended by the Insights Association that would protect bona fide marketing research with health care professionals.

On August 1, 2013, the first reporting period under the Physician Payment Sunshine Act began. Part of the Patient Protection and Affordable Care Act (aka, “Obamacare”), it requires pharmaceutical and medical device manufacturers to publicly report many types of payments made to physicians, which will be public. The Sunshine Act was intended to bring transparency to these relationships, to minimize manufacturers’ influence on physicians’ prescribing behavior.

Texas governor, Rick Perry, has signed a new health bill, H.B. 300, into law that enforces new obligations in addition to the requirements of the HIPAA privacy rule. The law, which becomes effective September 1, 2012, provides an expansive definition of a covered entity and is likely to include non-covered entities under HIPAA, including survey researchers.

Pharmaceutical marketing research and data analytics companies should not be required to assume responsibility for formal reporting of adverse events (AEs) uncovered during routine pharmaceutical marketing research and data analytics in the U.S. because: