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Government spotlight on physicians' consulting arrangements with device makers
1Duane Morris LLP, 30 South 17th Street, Philadelphia, PA 19103, USA. lebowitz@duanemorris.com
The Journal of Medical Practice Management : MPM
|August 30, 2008
Summary
Physicians face increased government scrutiny of financial ties with device makers. Prepare for investigations by reviewing agreements, gathering documents, and developing a legal strategy for compliance.
Area of Science:
- Medical-Legal
- Healthcare Compliance
- Physician Financial Arrangements
Background:
- Government agencies are intensifying investigations into physicians' financial relationships with medical device manufacturers.
- Physicians need to be aware of potential scrutiny regarding consulting agreements and other financial arrangements.
Purpose of the Study:
- To provide physicians with actionable steps for preparing for government investigations.
- To outline a proactive legal and strategic approach to managing physician-device manufacturer financial agreements.
Main Methods:
- Reviewing existing consulting agreements and financial documentation.
- Engaging legal counsel to develop a defense strategy.
- Preparing a "white paper" response for government submission.
- Assessing potential settlement positions.
Main Results:
- Proactive preparation can mitigate risks associated with government investigations.
- A structured approach involving legal counsel and strategic documentation is crucial.
- Understanding and addressing financial arrangements transparently is key.
Conclusions:
- Physicians should proactively review and organize all financial agreements with device manufacturers.
- Developing a comprehensive legal strategy and engaging counsel are essential steps for compliance and defense.
- Effective preparation can lead to a more favorable outcome in government investigations.
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